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MARTIN v. BARNHART

No. 3:02-CV-90162.

315 F.Supp.2d 1009 (2004)

Carol MARTIN, Plaintiff, v. Jo Anne B. BARNHART, Commissioner of Social Security, Defendant.

United States District Court, S.D. Iowa, Davenport Division.

April 29, 2004.

Attorney(s) appearing for the Case

Mary K. Hoefer, Mears Law Office, Iowa City, IA, for Plaintiff.

William C. Purdy, United States Attorney, Des Moines, IA, for Defendant.

ORDER

PRATT, District Judge.

Before the Court is Defendant's resisted Motion To Alter or Amend Pursuant To Federal Rule Of Civil Procedure 59(e). The Commissioner objects to the Court's finding that Plaintiff is entitled to benefits as of her 50th birthday, because the birthday occurred more than a year after the ALJ's decision. In support of that argument, the commissioner cites Estes v. Barnhart, 275 F.3d 722 (8th...

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