United States Eighth Circuit

In case where the district court failed to adequately afford plaintiff the opportunity to explain his reasons for withdrawing a prior claim for social security disability benefits, denial of plaintiff's second claim for benefits is vacated and remanded to determine whether the Commissioner of Social Security's denial of benefits was substantially justified.

Appellate Information

• Decided 02/17/2005
• Published 02/17/2005

Judges

• MELLOY, Circuit Judge., Before MURPHY, HANSEN, and MELLOY, Circuit Judges.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• Edward C. Olson, argued, Minneapolis, MN, for appellant.


• For Appellees:
  
• Cynthia A. Brandel, argued, Asst. Regional Counsel, Social Security Admin., Chicago, IL, for appellee.