Legal Opinion

Mathis v. Astrue

District Court, E.D. North Carolina

Decided July 15, 2010No. 7:09-cv-77Published

1Opinion of the Court

ORDER

TERRENCE W. BOYLE, District Judge.

This matter is before the Court on the parties’ cross motions for Judgment on the Pleadings pursuant to Fed.R.Civ.P. 12(c). For the reasons stated below, Plaintiffs motion is GRANTED and this case is REMANDED for further proceedings. Defendant’s motion is DENIED.

BACKGROUND

Plaintiff applied for disability benefits on May 24, 2006, alleging disability as of July 12, 2005. Plaintiff amended the onset date at his hearing to March 2006, when he first became unemployed. The application was denied both initially and upon reconsideration. Plaintiff requested a…

2Cases cited5 opinions

  1. Richardson v. PeralesSupreme Court of the United States · 1971
  2. Bowen v. YuckertSupreme Court of the United States · 1987
  3. Arnita SMITH, Appellant, v. Richard S. SCHWEIKER, Secretary, Department of Health and Human Services, AppelleeCourt of Appeals for the Fourth Circuit · 1986
  4. Essie D. COOK, Appellant, v. Margaret M. HECKLER, Secretary of Health and Human Services, AppelleeCourt of Appeals for the Fourth Circuit · 1986
  5. Rogers v. BarnhartCourt of Appeals for the Fourth Circuit · 2007

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