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LEPAK EX REL. LEPAK v. BARNHART

No. 01-CV-6340 CJS.

206 F.Supp.2d 389 (2002)

Melvin LEPAK, on behalf of Barbara A. LEPAK, Deceased, Plaintiff, v. Jo Ann B. BARNHART, Commissioner of Social Security, Defendant.

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

April 18, 2002.

Attorney(s) appearing for the Case

Mark M. McDonald, Bond & McDonald, P.C., Geneva, New York, for plaintiff.

Michael A. Battle, United States Attorney, by Christopher V. Taffe, Assistant United States Attorney, Rochester, New York, for defendant.

DECISION AND ORDER

SIRAGUSA, District Judge.

I. INTRODUCTION

The plaintiff brought this action pursuant to 42 U.S.C. § 405(g) to review the final determination of the Commissioner of Social Security ("Commissioner") who denied Barbara A. Lepak's application for disability benefits. Before the Court is the Commissioner's motion for judgment on the pleadings (docket # 4) seeking an order affirming the Commissioner's decision, and plaintiff's...

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