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FLOWERS v. BARNHART

No. 4:04CV3033.

352 F.Supp.2d 962 (2004)

Kathy M. FLOWERS, Plaintiff, v. Jo Anne B. BARNHART, Commissioner of Social Security Administration, Defendant.

United States District Court, D. Nebraska.

January 19, 2004.

Attorney(s) appearing for the Case

Stephen L. Speicher, Lincoln, for Plaintiff.

Office of General Counsel, Social Security Administration, Kansas City, MO, Christian A. Martinez, Assistant United States Attorney, Omaha, for Defense.

MEMORANDUM AND ORDER

KOPF, Chief District Judge.

This is a social security case. Although badly briefed by the government, this appeal raises an important and difficult question involving whether the Administrative Law Judge (ALJ) was allowed to use evidence of work that the plaintiff engaged in after she claimed she was disabled for the purpose of totally denying insurance benefits.1 Finding that the ALJ should have first determined...

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