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BARILLARO v. COMMISSIONER OF SOCIAL SECURITY

No. CV 01-0301(RJD).

216 F.Supp.2d 121 (2002)

Luigi BARILLARO, Plaintiff, v. COMMISSIONER OF SOCIAL SECURITY, Defendant.

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

August 20, 2002.

Attorney(s) appearing for the Case

David Kuznicki, New York City, for plaintiff.

Elliot M. Schachner, Assistant United States Attorney, Eastern District of New York, Brooklyn, NY, for defendant.

MEMORANDUM OF DECISION

DEARIE, District Judge.

Plaintiff appeals the decision of the Commissioner of Social Security ("Commissioner") that he was not disabled from March 11, 1994 through August 26, 1998, and therefore is not entitled to disability benefits under the Social Security Act (the "Act"), 42 U.S.C. § 301 et seq. Defendant seeks remand pursuant to the fourth sentence of 42 U.S.C. § 405(g) in order to give the Commissioner...

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