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KRISHNAN v. BARNHART

No. 01-5307.

328 F.3d 685 (2003)

Narayanan KRISHNAN, for Narayanan Deviprasad, Appellant, v. Jo Anne B. BARNHART, Commissioner, Social Security Administration, Appellee.

United States Court of Appeals, District of Columbia Circuit.

Decided May 16, 2003.

Attorney(s) appearing for the Case

Paul Schiff Berman, appointed by the court, argued the cause and filed the briefs for appellant.

Fred E. Haynes, Assistant U.S. Attorney, argued the cause for appellee. With him on the brief were Roscoe C. Howard, Jr., U.S. Attorney, R. Craig Lawrence, Mark E. Nagle, Kenneth Leonard Wainstein, Doris D. Coles-Huff and Paul Mussenden, Assistant U.S. Attorneys, and Daniel Balsam, Attorney, Social Security Administration.

Before: RANDOLPH and ROGERS, Circuit Judges, and WILLIAMS, Senior Circuit Judge.

Opinion for the Court filed by Circuit Judge ROGERS.

ROGERS, Circuit Judge:

The underlying issue in this case is whether a non-U.S. citizen applying for disability benefits under the Social Security Act has satisfied an exception to the general rule that alien beneficiaries cannot receive benefits if they have resided outside the United States for six consecutive calendar months, 42 U.S.C. §§ 402(t)(1)(A); 402(t)(4)(A-B) (2000). As the case comes...

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