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McKAY v. BARNHART

No. 01 Civ.1703 VM.

302 F.Supp.2d 263 (2004)

David McKAY, Plaintiff, v. Jo Anne B. BARNHART, Commissioner of Social Security, Defendant.

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

February 10, 2004.

Attorney(s) appearing for the Case

Michael Joseph J. Barnas, New York, NY, for plaintiff.

James B. Comey, Assistant United States Attorney, New York, NY, for defendant.

DECISION AND ORDER

MARRERO, District Judge.

Plaintiff David McKay ("McKay") moves the Court to reverse an administrative law judge's ("ALJ") determination that he is not entitled to disability insurance benefits, and to remand for a calculation of benefits. The Commissioner of Social Security (the "Government") concedes that the Court must reverse, but argues that the remand should permit the ALJ to determine anew whether McKay is entitled to benefits...

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