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CASERTO v. BARNHART

No. 02-CV-5718(ADS)(ETB).

309 F.Supp.2d 435 (2004)

Paul CASERTO, Plaintiff, v. Jo Anne B. BARNHART, Commissioner of Social Security, Defendant.

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

March 25, 2004.

Attorney(s) appearing for the Case

Fusco, Brandenstein & Rada, P.C., Woodbury, NY (John Antonowicz, of Counsel), for Plaintiff.

Roslyn R. Mauskopf, United States Attorney, by Kevin P. Mulry, Assistant United States Attorney, Central Islip, NY, for Defendant.

MEMORANDUM OF DECISION AND ORDER

SPATT, District Judge.

Paul Caserto ("Caserto" or the "plaintiff") commenced this action pursuant to the Social Security Act (the "Act"), 42 U.S.C. § 405(g), challenging the final determination of the Commissioner of Social Security (the "Commissioner") denying disability benefits to him. Both parties move for judgment on the pleadings pursuant to Rule 12(c) of the Federal Rules of Civil Procedure. ("Fed. R. Civ.P."...

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