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HARRISON EX REL HARRISON v. APFEL

No. 98-CV-6267L.

62 F.Supp.2d 1047 (1999)

Jermaine HARRISON, By and Through his next friend and mother, Deborah HARRISON, Plaintiff, v. Kenneth APFEL, Commissioner of the Social Security Administration, Defendant.

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

August 3, 1999.

Attorney(s) appearing for the Case

Keith J. McCafferty, Monroe County Legal Assistance Corp., Legal Assistance of the Finger Lakes, Geneva, NY, for Jermaine Harrison, by and through his next friend and mother, Deborah Harrison, plaintiff.

Anne VanGraafeiland, AUSA, United States Attorney, Rochester, NY, for Kenneth Apfel, Commissioner of the Social Security Administration, defendant.

DECISION AND ORDER

LARIMER, Chief Judge.

INTRODUCTION

This is an action brought pursuant to 42 U.S.C. § 405(g) to review the final determination of the Commissioner of Social Security ("the Commissioner") that plaintiff was not disabled, and therefore, was not entitled to disability benefits. Both plaintiff and the Commissioner have moved for judgment on the pleadings pursuant to FED.R.CIV.P. 12(c). For the reasons outlined below, the...

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