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Gary Allord v. Michael J. Astrue, Commissioner of Social Security

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ARGUED NOVEMBER 30, 2010

Before KANNE, WILLIAMS, and TINDER, Circuit Judges.

Gary Allord applied for disability benefits from the Social Security Administration in 1996. His application has since languished in a cycle of administrative review and litigation. Prior to this appeal, it was considered by three Administrative Law Judges (ALJs), three federal district courts, and this court. After our initial remand of Allord’s case to the Social Security Administration in 2006, a new ALJ deter-mined that Allord was ineligible for disability benefits, and the agency adopted his determination as its final decision. Allord again sought relief in the district court, and the district court remanded the case for further proceedings. It found that aspects of the final decision did not comport with this court’s earlier opinion, but that the record did not support a judicial award of bene-fits. Allord then appealed, asking this court instead to order the Commissioner to award him benefits. Be-cause the record does not compel a finding that Allord was disabled as of the date he was last insured, we affirm.

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