WHITNEY v. ASTRUE

No. 11-1882.

668 F.3d 1004 (2012)

Carl WHITNEY, Appellant, v. Michael J. ASTRUE, Commissioner, Social Security Administration, Appellee.

United States Court of Appeals, Eighth Circuit.

Filed: February 15, 2012.


Attorney(s) appearing for the Case

Eugene Gregory Wallace , argued, Raleigh, NC, Anthony W. Bartels , on the brief, Jonesboro, AR, for appellant.

Thomas Chandler , argued, Dallas, TX, Jose Ricardo Hernandez , Michael McGaughran , Dallas, TX, Stacey E. McCord , Little Rock, AR, on the brief, for appellee.

Before RILEY, Chief Judge, MELLOY and SHEPHERD, Circuit Judges.


SHEPHERD, Circuit Judge.

Carl Whitney appeals the district court's affirmance of the Social Security Commissioner's (Commissioner) decision to deny him disability benefits and supplemental security income under the Social Security Act (the Act). In this appeal, Whitney claims that the district court should have found that he submitted a medical report from Dr. Mary Ellen Ziolko to the Appeals Council that was not considered and that his case should therefore have...

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