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United States Eighth Circuit


SMITH v. APFEL, 00-3343

The district court lacks jurisdiction to compel the Commissioner to rule on a case remanded under sentence four of Section 405(g), since once it remanded claimant's disability benefits application for further proceedings, it divested itself of jurisdiction except to resolve attorneys' fee application issues.

Appellate Information

  • Decided 04/17/2001
  • Published 04/17/2001

Judges

  • BYE, Circuit Judge., Before:  BYE and BEAM, Circuit Judges, and NANGLE, District Judge.

Court

  • United States Eighth Circuit

Counsel

  • For Appellant:
  • Anthony W. Bartels, argued, Jonesboro, Arkansas, for appellant.

  • For Appellees:
  • Joseph B. Liken, argued, Dallas, Texas, for appellee.
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