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DeFRANCESCO ON BEHALF OF DeFRANCESCO v. SULLIVAN

No. 87 C 5091.

794 F.Supp. 282 (1992)

Jo Ann DeFRANCESCO, on Behalf of Donald P. DeFRANCESCO, Deceased, Plaintiff, v. Louis SULLIVAN, Secretary, Health and Human Services, Defendant.

United States District Court, N.D. Illinois, E.D.

July 20, 1992.

Attorney(s) appearing for the Case

Frederick J. Daley, Dorie Budlow, Chicago, Ill., for plaintiff.

Thomas P. Walsh, Asst. U.S. Atty., Chicago, Ill. (Donna Morros Weinstein, Chief Counsel, Region V, Dept. of Health and Human Services, Gary A. Sultz, Asst. Regional Counsel, of counsel), for defendant.

ORDER

NORGLE, District Judge.

Before the court are the parties' cross-motions for summary judgment. For reasons that follow, plaintiff's motion is granted and defendant's motion is denied.

FACTS

Donald P. DeFrancesco ("DeFrancesco"), a former truck driver suffering from diabetes and heart disease, applied for Social Security disability benefits on October 16, 1985, claiming he was disabled as of February 21, 1984. DeFrancesco's claim was...

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