Legal Opinion

Markle v. Barnhart

District Court, W.D. New York

Decided July 30, 2002No. 00-CV-6575LPublished

1Opinion of the Court

DECISION AND ORDER

LARIMER, Chief Judge.

INTRODUCTION

This is an action brought pursuant to 42 U.S.C. § 405(g) to review the final determination of the Commissioner of Social Security that plaintiff, Jean Markle, was not disabled under the Social Security Act and therefore, was not entitled to benefits. Both plaintiff and the Commissioner have moved for judgment on the pleadings pursuant to Fed.R.Civ.P. 12(c). For the reasons outlined below, the Court grants the Commissioner’s motion and denies plaintiffs motion.

PROCEDURAL POSTURE

Plaintiff, Jean Markle, applied for Social Security disability…

2Cases cited8 opinions

  1. Richardson v. PeralesSupreme Court of the United States · 1971
  2. Consolidated Edison Co. v. National Labor Relations BoardSupreme Court of the United States · 1938
  3. Albert Shaw v. Shirley S. Chater, as Commissioner of the Social Security AdministrationCourt of Appeals for the Second Circuit · 2000
  4. Ellen Melville v. Kenneth S. Apfel, Commissioner of Social SecurityCourt of Appeals for the Second Circuit · 1999
  5. Maria TEJADA, Plaintiff-Appellant, v. Kenneth S. APFEL, Commissioner of Social Security, Defendant-AppelleeCourt of Appeals for the Second Circuit · 1999

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