Legal Opinion

Kirby v. Astrue

District Court, E.D. North Carolina

Decided August 3, 2010No. 7:09-cv-146PublishedCited by 8 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 REVERSED and REMANDED for an award of benefits.

BACKGROUND

Plaintiff filed her application for disability benefits on July 20, 2006, alleging disability as of June 11, 2005. Her application was denied both initially and upon reconsideration. A hearing was held before an…

2Cases cited4 opinions

  1. Richardson v. PeralesSupreme Court of the United States · 1971
  2. Bowen v. YuckertSupreme Court of the United States · 1987
  3. Edwards v. BowenDistrict Court, E.D. North Carolina · 1987
  4. Rogers v. BarnhartCourt of Appeals for the Fourth Circuit · 2007

3Cited by8 opinions

  1. Baldwin v. Commissioner of Social SecurityDistrict Court, W.D. North Carolina · 2023
  2. Croft v. Commissioner of Social SecurityDistrict Court, W.D. North Carolina · 2023
  3. Dockery v. Commissioner of Social SecurityDistrict Court, W.D. North Carolina · 2022
  4. Haywood v. Commissioner of Social SecurityDistrict Court, W.D. North Carolina · 2023
  5. Key v. Commissioner of Social SecurityDistrict Court, W.D. North Carolina · 2023

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