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THOMAS v. BERRYHILL

No. 17-2215.

916 F.3d 307 (2019)

Nikki T. THOMAS, Plaintiff-Appellant, v. Nancy A. BERRYHILL, Acting Commissioner of Social Security, Defendant-Appellee.

United States Court of Appeals, Fourth Circuit.

Decided: January 15, 2019.

Amended: February 22, 2019.

Attorney(s) appearing for the Case

ARGUED: Dana Wayne Duncan , DUNCAN DISABILITY LAW, SC, Nekoosa, Wisconsin, for Appellant. David Nathaniel Mervis , SOCIAL SECURITY ADMINISTRATION, Baltimore, Maryland, for Appellee. ON BRIEF: R. Andrew Murray , United States Attorney, Charlotte, North Carolina, Kaba-Kabi A. Kazadi , Special Assistant United States Attorney, Gill B. Beck , Assistant United States Attorney, OFFICE OF THE UNITED STATES ATTORNEY, Asheville, North Carolina, for Appellee.

Vacated and remanded by published opinion. Judge Floyd wrote the majority opinion, in which Judge Thacker joined. Judge King wrote a separate opinion concurring in part and concurring in the judgment.

The Acting Commissioner of Social Security (Commissioner) denied Nikki T. Thomas's application for supplemental security income (SSI). Thomas sought review in the district court, and the district court affirmed the denial of her application. This appeal followed. We now hold that the administrative law judge (ALJ) who effectuated...

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