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MATEJKA v. BARNHART

No. 04-CV-6635CJS.

386 F.Supp.2d 198 (2005)

Susan MATEJKA, Plaintiff, v. Jo Anne B. BARNHART, as Commissioner of the Social Security Administration, Defendant.

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

September 16, 2005.

Attorney(s) appearing for the Case

William J. McDonald, Esq., Bond and McDonald P.C., Geneva, NY, for Plaintiff.

Kathleen Melhtretter, United States Attorney by Christopher V. Taffe, Asst. U.S. Atty., Rochester, NY, for Defendant.

DECISION AND ORDER

SIRAGUSA, District Judge.

I. INTRODUCTION

Before the Court are plaintiff's (# 3) and the Commissioner's (# 5) motions for judgment on the pleadings. For the reasons stated below, the Court reverses the Commissioner's decision and remands the case pursuant to the fourth sentence of 42 U.S.C. § 405(g) for a new hearing.

II. PROCEDURAL HISTORY

Plaintiff applied for Disability Insurance Benefits on July 8,...

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