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ROSARIO v. COMMISSIONER OF SOCIAL SECURITY

No. CIV.03-1201 HL/GAG.

325 F.Supp.2d 1 (2004)

Gladys ROSARIO, Plaintiff, v. COMMISSIONER OF SOCIAL SECURITY, Defendant

United States District Court, D. Puerto Rico.

April 14, 2004.

Attorney(s) appearing for the Case

Salvador Medina-De-La-Cruz, San Juan, for Plaintiff.

Lisa E. Bhatia-Gautier, U.S. Assistant Attorney, United States Attorney's Office, San Juan, for Defendant.

MEMORANDUM OPINION AND ORDER

GELPI, United States Magistrate Judge.

The present case is hereby REMANDED to the Commissioner of Social Security for the holding of a de novo evidentiary hearing before an Administrative Law Judge ("ALJ") other than Miguel A. Montalvo, whom the Court DISQUALIFIES from presiding over the case.

In his decision denying plaintiff disability benefits (Tr. 19-27), ALJ Montalvo states the following in regards...

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