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BURGESS v. ASTRUE

Docket No. 05-4327-cv.

537 F.3d 117 (2008)

Doleen BURGESS, Plaintiff-Appellant, v. Michael J. ASTRUE, Commissioner of Social Security, Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided: August 8, 2008.

Attorney(s) appearing for the Case

Robert Farley and Jean Troast, law students appearing pursuant to Interim Local Rule 46(e), Seton Hall University School of Law, Center for Social Justice, Newark, NJ (Jon Romberg, Supervising Attorney, on the brief), for Plaintiff-Appellant.

John M. Kelly, Special Assistant United States Attorney, Brooklyn, N.Y. (Benton J. Campbell, United States Attorney for the Eastern District of New York, Varuni Nelson, Kathleen A. Mahoney, Assistant United States Attorneys, Brooklyn, NY, on the brief), for Defendant-Appellee.

Before: JACOBS, Chief Judge, KEARSE and KATZMANN, Circuit Judges.

KEARSE, Circuit Judge:

Plaintiff Doleen Burgess appeals from a judgment of the United States District Court for the Eastern District of New York, Nina Gershon, Judge, dismissing her complaint seeking disability insurance benefits under Title II of the Social Security Act (the "Act"), 42 U.S.C. § 401 et seq. The district court granted the motion of defendant Commissioner of Social Security ("Commissioner") for judgment on the pleadings, finding that...

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