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MITTAG v. BARNHART

Civ.A. No. H-02-3943.

365 F.Supp.2d 809 (2004)

Doris MITTAG, Plaintiff, v. Jo Anne B. BARNHART, Commissioner of the Social Security Administration, Defendant.

United States District Court, S.D. Texas, Houston Division.

September 29, 2004.

Attorney(s) appearing for the Case

Victor N. Makris, Attorney at Law, Bellaire, TX, for Plaintiff.

Kerry J. Simpson, U.S. Atty's Office, Special Assistant U.S. Attorney, Kim Elizabeth Garcia, Social Security Administration, Office of the General Counsel, Dallas, TX, for Defendant.

AMENDED MEMORANDUM AND ORDER

BOTLEY, United States Magistrate Judge.

Pending before the Court are Plaintiff Doris Mittag's ("Mittag") and Defendant Jo Anne B. Barnhart's ("Commissioner") cross-motions for summary judgment. Mittag appeals the determination of an Administrative Law Judge ("ALJ") that she is not entitled to receive widow's insurance benefits or disability insurance benefits under Title II of the Social Security Act. See 42 U.S.C. §...

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