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KIRKLAND v. ASTRUE

No. 2:08-CV-26-BO.

645 F.Supp.2d 528 (2009)

Melissa M. KIRKLAND, Plaintiff, v. Michael J. ASTRUE, Commissioner of Social Security, Defendant.

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

August 13, 2009.

Attorney(s) appearing for the Case

Frederick (Rick) W. Fleming, The Law Offices of James Scott Farrin, Durham, NC, for Plaintiff.

Mark J. Goldenberg, 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 May 7, 2009, at Raleigh, and the matter is now ripe for ruling. For the reasons discussed below, Plaintiff's Motion is GRANTED, Defendant's Motion is DENIED, and the decision of the Commissioner is REVERSED.

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