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GUARDINO v. BOWEN

No. 86 Civ. 1987 (PNL).

662 F.Supp. 781 (1987)

Joseph GUARDINO, Plaintiff, v. Otis R. BOWEN, Secretary of the Department of Health and Human Services, Defendant.

United States District Court, S.D. New York.

June 10, 1987.

Attorney(s) appearing for the Case

Edward T. McCormack, Garrison, N.Y., for plaintiff.

Rudolph W. Guiliani, U.S. Atty., S.D. N.Y., New York City, Neal S. Mann, Asst. U.S. Atty., of counsel, for defendant.

LEVAL, District Judge.

Plaintiff Joseph Guardino seeks review pursuant to 42 U.S.C. § 405(g) of the Secretary's determination denying him social security benefits. Both parties move for judgment on the pleadings. Fed.R.Civ.P. 12(c). I find that the Secretary erred in not according proper weight to the opinions of the treating physicians and therefore remand for further proceedings.

Background

Joseph Guardino is a 51-year-old unmarried...

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