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CARTER v. BARNHART

No. 2:01CV00147.

217 F.Supp.2d 703 (2002)

Dorothy L. CARTER, Plaintiff, v. Jo Anne B. BARNHART, Commissioner of Social Security, Defendant.

United States District Court, W.D. Virginia, Big Stone Gap Division.

August 9, 2002.

Attorney(s) appearing for the Case

John P. Bradwell, Shortridge & Shortridge, P.C., Abingdon, Virginia, for Plaintiff.

Julie C. Dudley, Assistant United States Attorney, Roanoke, Virginia, and Frank V. Smith, III, and Eda Giusti, Office of the General Counsel, Social Security Administration, for Defendant.

OPINION

JONES, District Judge.

In 1992 an administrative law judge found the Social Security claimant in this case disabled based on her severe back impairment. In 2000, the same ALJ, relying in part on the same evidence, found the back condition not disabling. Because the ALJ did not adequately explain this apparent inconsistency, I find that the claimant's case must be remanded for further administrative...

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