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17-3314 - Anthony Kaminski v. Nancy Berryhill


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17-3314 - Anthony Kaminski v. Nancy Berryhill
July 9, 2018
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Filed opinion of the court by Judge Hamilton. REVERSED & REMANDED to the agency with instruction to calculate and award benefits to Mr. Kaminski. Daniel A. Manion, Circuit Judge; David F. Hamilton, Circuit Judge and Amy C. Barrett, Circuit Judge. [6936896-1] [6936896] [17-3314]
August 30, 2018
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ORDER: The Acting Commissioner of Social Security has filed a petition for panel rehearing in which she requests that the panel remove two words from a sentence of the opinion issued on July 9, 2018. The sentence, which appears on page 9 of the slip opinion, states: “At the fifth step, the burden of proof and persuasion is on the agency.” The Acting Commissioner requests that we remove the two words “and persuasion” so that the sentence at issue reads, “At the fifth step, the burden of proof is on the agency.” The petition for rehearing is GRANTED. The sentence on page 9 of the slip opinion that reads: “At the fifth step, the burden of proof and persuasion is on the agency” is hereby AMENDED to read only “At the fifth step, the burden of proof is on the agency.” In addition, the citation to Maresh v. Barnhart on page 9 is AMENDED to indicate the case was from the Eighth Circuit, so that the citation reads: “Maresh v. Barnhart, 438 F.3d 897, 901 (8th Cir. 2006) . . . .” No separate amended opinion will be issued. [6946661-2] [6948613-1] [6948613] [17-3314]