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KEMP EX REL. KEMP v. COLVIN

No. 13-1421.

743 F.3d 630 (2014)

Vickie KEMP, on behalf of Charles KEMP, Plaintiff-Appellant v. Carolyn W. COLVIN, Acting Commissioner of Social Security Administration, Defendant-Appellee.

United States Court of Appeals, Eighth Circuit.

Filed: February 25, 2014.

Attorney(s) appearing for the Case

Eugene Gregory Wallace , argued, Raleigh, NC, ( Anthony W. Bartels , Jonesboro, AR, on the brief), for Plaintiff-Appellant.

Mark Joseph Mendola , Special AUSA, SSA Office of General Counsel, argued, Dallas, TX, for Defendant-Appellee.

Before LOKEN, BYE, and BENTON, Circuit Judges.

BYE, Circuit Judge.

Charles Kemp (Charles) filed applications for disability insurance benefits and supplemental security income. An administrative law judge (ALJ) found that he was not disabled because he could perform a job a vocational expert (VE) identified in response to a hypothetical the ALJ posed. After the Appeals Council denied review, Kemp died. His surviving spouse, Vickie Kemp (Vickie), sought judicial review, and the district court affirmed the Commissioner...

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