Legal Opinion
Kearney v. Astrue
District Court, E.D. North Carolina
Decided August 1, 2010No. 5:09-cv-178PublishedCited by 2 opinions
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 Rule 12(c) of the Federal Rules of Civil Procedure. For the reasons stated below. Plaintiffs Motion is GRANTED; Defendant’s Motion is DENIED; and the decision of the Commissioner is VACATED and REMANDED for further proceedings consistent with this Order.
INTRODUCTION
Plaintiff Walter W. Kearney applied for Disability Insurance Benefits on June 29, 2004, alleging an onset date of March 27, 2001. The application was denied initially and on reconsideration.…
2Cases cited10 opinions
- Richardson v. PeralesSupreme Court of the United States · 1971
- William King, the of the Will of Vernie C. Reece v. Joseph A. Califano, Jr., Secretary of Health, Education and WelfareCourt of Appeals for the Fourth Circuit · 1979
- Essie D. COOK, Appellant, v. Margaret M. HECKLER, Secretary of Health and Human Services, AppelleeCourt of Appeals for the Fourth Circuit · 1986
- James E. Marsh v. Patricia R. Harris, Secretary of Health, Education & WelfareCourt of Appeals for the Fourth Circuit · 1980
- James KENDRICK, Plaintiff-Appellee, v. Donna E. SHALALA, Secretary of Health and Human Services, Defendant-AppellantCourt of Appeals for the Seventh Circuit · 1993
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3Cited by2 opinions
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