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GARCIA v. COMMISSIONER OF SOCIAL SEC.

No. CV-00-4865 (FB).

496 F.Supp.2d 235 (2007)

Cecilio GARCIA, Plaintiff, v. COMMISSIONER OF SOCIAL SECURITY, Defendant.

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

August 2, 2007.

Attorney(s) appearing for the Case

Charles E. Binder, Esq., Binder and Binder, New York City, for Plaintiff.

Roslynn R. Mauskopf, Esq., United States Attorney, Eastern District of New York by Timothy D. Lynch, Esq., Assistant United States Attorney, Brooklyn, NY, for Defendant.

MEMORANDUM AND ORDER

BLOCK, Senior District Judge.

Plaintiff Cecilio Garcia ("Garcia") seeks review of the final decision of the Commissioner of Social Security ("Commissioner") denying his application for disability insurance benefits ("DIB"). The Commissioner moves for an order remanding for further proceedings; Garcia moves for an order remanding solely for a calculation of benefits. For the following reasons, the Commissioner's motion is denied...

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