DISCLAIMER: The following unofficial case summaries are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
041132P.pdf 03/03/2005 Simone R. Taylor v. Jo Anne B. Barnhart
U.S. Court of Appeals Case No: 04-1132
Western District of Missouri
Civil case - Social Security. 1984 agreement between the U.S. and the
U.K. on Social Security did not provide a basis for awarding Taylor
mandamus relief compelling the Commissioner to pay her disability
benefits as that agreement has been modified by 1996 federal law
providing that no alien shall be paid benefits for any month during which
she was not lawfully present in the U.S.; since Taylor had failed to
provide the Commissioner with documentary evidence establishing her
lawful presence, she was not entitled to a writ compelling the payment of
benefits; if Taylor promptly provides the Commissioner with the original
documentation needed to establish lawful presence, the Commissioner
can then seek a determination from the Department of Homeland Security
on the question; until Taylor exhausts this possible avenue of relief, she is
not entitled to mandamus relief. Judge Heaney, dissenting.
[PUBLISHED] [Colloton, Author, with Heaney and Hansen, Circuit Judges]