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DAVIS v. ASTRUE

No. 4:08-CV-158-BO.

647 F.Supp.2d 598 (2009)

Edward W. DAVIS, Plaintiff, v. Michael J. ASTRUE, Commissioner of Social Security, Defendant.

United States District Court, E.D. North Carolina, Eastern Division.

August 21, 2009.

Attorney(s) appearing for the Case

Elizabeth F. Lunn, Gentry Case Merritts Hogan, Wolf & Hogan, P.C., Raleigh, NC, for Plaintiff.

Charlene P. Bellinger-Honig, Social Security Administration, Baltimore, MD, for Defendant.

ORDER

TERRENCE W. BOYLE, District Judge.

This matter is before the Court on Cross-Motions for Judgment on the Pleadings pursuant to Rule 12(c) of the Federal Rules of Civil Procedure. A hearing was held on July 21, 2009, at Raleigh, and the matter is now ripe for ruling. For the reasons discussed below, Plaintiffs Motion is GRANTED, Defendant's Motion is DNIED, and the decision of the Commissioner is REVERSED.

BACKGROUND

Plaintiff...

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