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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]