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20 F. App'x 238

Monroe v. Massanari

U.S. Courts of Appeals

Decided October 16, 2001

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U.S. Courts of Appeals · decided 2001-10-16

Applies 42 U.S.C. § 405 (§ 205 of the Social Security Act of 1935)

Relies on Mills v. United States · Halray Harman v. Kenneth S. Apfel, Commissioner of the Social Security Administration · Linnie Nelson v. Kenneth S. Apfel, Commissioner of Social Security

Decided 2001-10-16

PER CURIAM.

¶1 Doris O. Monroe appeals the district court’s order granting the Commissioner’s motion to remand to the Social Security Administration (SSA) pursuant to sentence four of 42 U.S.C.A. § 405(g) (West Supp. 2001). Monroe argues the district court erred in remanding to the SSA because she met listing 9.09 in 20 C.F.R. Pt. 404, Subpt. P, App. 1 (1998) at the time her administrative review became final. She argues the SSA’s subsequent deletion of listing 9 .09 should not affect her claim for disability insurance benefits. We review the district court’s remand to the Commissioner for abuse of discretion. See Higgins v. Apfel, 222 F.3d 504, 505 (8th Cir. 2000); Harman v. Apfel, 211 F.3d 1172, 1178 (9th Cir.), cert, denied, 531 U.S. 1038, 121 S.Ct. 628, 148 L.Ed.2d 537 (2000); Nelson v. Apfel, 210 F.3d 799, 802 (7th Cir.2000). Because we conclude the district court did not abuse its discretion in remanding, we affirm. We dispense with oral argument because the facts and legal contentions are adequately presented in *239 the materials before the court and argument would not aid the decisional process.

¶2 AFFIRMED.

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