Brown v. Apfel

DECISION AND ORDER

LAGUEUX, Chief Judge.

Kevin C. Brown (“plaintiff’) brought this suit under 42 U.S.C. § 405(g)(1994), seeking review of the final decision of the Commissioner of Health and Human Services (“Commissioner”) denying disability insurance benefits. The Commissioner determined that, although plaintiff was under a disability, he was ineligible for insurance benefits because his alcoholism was material to a finding of disability. Magistrate Judge Robert W. Lovegreen reviewed the decision and issued a Report and Recommendation, concluding that the Commissioner’s decision should be…