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RODRIGUEZ v. BARNHART

No. 01-CV-6308L.

212 F.Supp.2d 134 (2002)

Crescencio RODRIGUEZ, Plaintiff, v. Jo Anne B. BARNHART, Commissioner of Social Security, Defendant.

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

June 28, 2002.

Attorney(s) appearing for the Case

Crescencio Rodriguez, Rochester, NY, Pro se.

Christopher V. Taffe, United States Attorney Office, Rochester, NY, for Defendant.

DECISION AND ORDER

LARIMER, Chief Judge.

INTRODUCTION

This is an action brought pursuant to 42 U.S.C. §§ 405(g) and 1383(c)(3) to review the final determination of the Commissioner of Social Security ("the Commissioner") that plaintiff was not disabled under the Social Security Act, and therefore, was not entitled to disability benefits. The Commissioner has moved for an order remanding the case for rehearing pursuant to the fourth...

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