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STEPHENS v. ASTRUE

No. 4:06-CV-153-BO.

533 F.Supp.2d 598 (2008)

Christopher STEPHENS, Plaintiff v. Michael ASTRUE Commissioner of Social Security, Defendant.

United States District Court, E.D. North Carolina, Eastern Division.

February 7, 2008.

Attorney(s) appearing for the Case

James B. Gillespie, Jr., Jonathan P. Miller, The Law Offices of James B. Gillespie, Jr., PLLC, Wilmington, NC, for Plaintiff.

Mary Ellen Russell, Social Security Administration, Baltimore, MD, for Defendant.

ORDER

TERRENCE W. BOYLE, District Judge.

This matter is before the Court on parties' Cross-Motions for Judgment on the Pleadings pursuant to Rule 12(c) of the Federal Rules of Civil Procedure. A hearing was held on November 2, 2007, and the matter is now ripe for ruling. For the reasons discussed below, Plaintiffs motion is GRANTED; Defendant's motion is DENIED; and this matter is REVERSED.

BACKGROUND

On September 26, 2003...

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