FRANKLIN v. APFEL

No. 96-CV-811C.

8 F.Supp.2d 227 (1998)

Roger R. FRANKLIN, Plaintiff, v. Kenneth S. APFEL, Commissioner of the Social Security Administration, Defendant.

United States District Court, W.D. New York.

May 22, 1998.


Attorney(s) appearing for the Case

Labin & Buffomante (Thomas C. Farley, Jr., of counsel), Buffalo, NY, for Plaintiff.

Denise E. O'Donnell, U.S. Attorney (Jane B. Wolfe, Assistant U.S. Attorney, of counsel), Buffalo, NY, for Defendant.


CURTIN, District Judge.

Plaintiff Roger R. Franklin ("Franklin") filed this action pursuant to section 205(g) of the Social Security Act, 42 U.S.C. § 405(g), to appeal defendant's unfavorable final decision denying disability benefits. Plaintiff and defendant, Commissioner Kenneth S. Apfel (the "Commissioner"), have cross-moved for judgment on the pleadings pursuant to Federal Rules of Civil Procedure 12(c). For the following reasons, plaintiff's motion

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