Legal Opinion

AGUDO-MARTINEZ v. Barnhart

District Court, W.D. New York

Decided February 7, 2006No. 05 CV 6125 CJSPublished

1Opinion of the Court

DECISION and ORDER

SIRAGUSA, District Judge.

INTRODUCTION

This case is before the Court on the Commissioner’s motion (# 9) for judgment on the pleadings, and plaintiffs cross-motion (# 11), also for judgment on the pleadings. Having reviewed this case pursuant to 42 U.S.C. § 405(g), the Court determines that the Commissioner’s finding that plaintiff is not disabled must be reversed.

PROCEDURAL HISTORY

Plaintiff applied for disability insurance benefits and supplemental security income benefits on June 29, 2001 alleging that he had been disabled since December 31, 1999. (R. 82-84, 715-17.) After…

2Cases cited13 opinions

  1. Richardson v. PeralesSupreme Court of the United States · 1971
  2. Rita Schaal v. Kenneth S. Apfel, Commissioner of Social Security, 1 Dockets 96-6212, 96-6316Court of Appeals for the Second Circuit · 1998
  3. Johnson v. BowenCourt of Appeals for the Second Circuit · 1987
  4. Walter E. Parker v. Patricia Roberts Harris, Secretary of Health, Education and WelfareCourt of Appeals for the Second Circuit · 1980
  5. Roberts v. ShalalaCourt of Appeals for the Ninth Circuit · 1995

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