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McCALL v. APFEL

No. Civ.A. 1:98-0217.

47 F.Supp.2d 723 (1999)

Randy M. McCALL, Plaintiff, v. Kenneth S. APFEL, Commissioner of Social Security, Defendant.

United States District Court, S.D. West Virginia.

March 24, 1999.

Attorney(s) appearing for the Case

Deborah K. Garton, Hensley, Muth, Garton & Hayes, Bluefield, WV, for Randy M. McCall, plaintiff.

Rebecca A. Betts, United States Attorney, Charleston, WV, Michael L. Keller, Assistant United States Attorney, Charleston, WV, James Winn, Chief Counsel, Social Security Administration, Office of the General Counsel, Philadelphia, PA, for Kenneth S. Apfel, Commissioner of Social Security, defendant.

MEMORANDUM OPINION

FEINBERG, United States Magistrate Judge.

This is an action seeking review of the decision of the Commissioner of Social Security terminating Claimant's eligibility for disability insurance benefits (DIB) and supplemental security income (SSI), under Titles II and XVI of the Social Security Act (Act), 42 U.S.C. §§ 401-433, 1381-1383f. This case is presently pending before the court on cross-motions for judgment on the...

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