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MARTINEZ v. ASTRUE

No. CIV. 10-5027-JLV.

LAZARO C. MARTINEZ, Plaintiff, v. MICHAEL J. ASTRUE, Commissioner of Social Security, Defendant.

United States District Court, D. South Dakota, Western Division.

March 24, 2012.

Attorney(s) appearing for the Case

Lazaro C. Martinez, Plaintiff, represented by Dennis W. Finch , Finch Maks, Proff. L.L.C..

Michael J. Astrue, Commissioner of Social Security, Defendant, represented by Jan Leslie Holmgren , U.S. Attorney's Office (Sioux Falls, SD).

Social Security Administration, Interested Party, represented by Office of General Counsel , Social Security Administration.

ORDER

JEFFREY L. VIKEN, District Judge.

INTRODUCTION

On August 21, 2006, Plaintiff Lazaro C. Martinez applied for disability insurance benefits ("DIB") pursuant to Title II of the Social Security Act, 42 U.S.C. §§ 401-33 (2006). (Administrative Record, pp. 106-11).1 Plaintiff was allegedly disabled since July 29, 2005, due to neck, throat, and arm pain, headaches, and weakness. (Docket 11 at ¶ 2). An...

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