MEMORANDUM OPINION AND ORDER
SPRIZZO, District Judge:
Plaintiff brings this action pursuant to Sections 205(g) and 1631(c)(3) of the Social Security Act, as amended, ("the Act"), 42 U.S.C. §§ 405(g) and 1383(c)(3) (1988), seeking review of a final decision of the Secretary of Health and Human Services ("the Secretary"). Both parties cross-move for judgment on the pleadings pursuant to Fed.R.Civ.P. 12(c). For the reasons that follow, defendant's...
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