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CUMELLA v. COLVIN

No. CIV. 12-5015-JLV.

936 F.Supp.2d 1120 (2013)

Shelley CUMELLA, Plaintiff, v. Carolyn W. COLVIN, Acting Commissioner, Social Security Administration, Defendant.

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

March 26, 2013.

Attorney(s) appearing for the Case

Margo Tschetter Julius , Julius & Simpson, L.L.P., Rapid City, SD, for Plaintiff.

Jan Leslie Holmgren , U.S. Attorney's Office, Sioux Falls, SD, Robert Gusinsky , U.S. Attorney's Office, Rapid City, SD, for Defendant.

ORDER REVERSING DECISION OF THE COMMISSIONER AND REMANDING FOR CALCULATION AND AWARD OF BENEFITS

JEFFREY L. VIKEN, Chief Judge.

INTRODUCTION

On November 15, 2009, plaintiff Shelley Cumella applied for disability insurance benefits ("DIB"). (Administrative Record, pp. 142-44).1 Plaintiff alleged a disability onset date of September 25, 2002. Id. After denial of...

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