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AGUDO-MARTINEZ v. BARNHART

No. 05 CV 6125 CJS.

413 F.Supp.2d 199 (2006)

Gilberto AGUDO-MARTINEZ, Plaintiff, v. Jo Anne B. BARNHART, Commissioner of Social Security, Defendant.

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

February 7, 2006.

Attorney(s) appearing for the Case

Richard A. Goldberg, Esq., Rochester, NY, for plaintiff.

Kathleen M. Mehltretter, Acting United States Attorney by Christopher V. Taffe, A.U.S.A., United States Attorney's Office, Rochester, NY, Of Counsel: Barbara L. Spivak, Esq., Chief Counsel, Region II, Susan Reiss, Assistant Regional Counsel, Office of the General Counsel, Social Security Administration, for defendant.

DECISION and ORDER

SIRAGUSA, District Judge.

INTRODUCTION

This case is before the Court on the Commissioner's motion (# 9) for judgment on the pleadings, and plaintiff's cross-motion (# 11), also for judgment on the pleadings. Having reviewed this case pursuant to 42 U.S.C. § 405(g), the Court determines that the Commissioner's finding that plaintiff is not disabled must be reversed.

PROCEDURAL HISTORY

Plaintiff applied for...

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