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McGINNIS v. ASTRUE

Case No. 2:09CV00031.

709 F.Supp.2d 468 (2010)

Kenneth D. McGINNIS, Plaintiff, v. Michael J. ASTRUE, Commissioner of Social Security, Defendant.

United States District Court, W.D. Virginia, Big Stone Gap Division.

May 4, 2010.

Attorney(s) appearing for the Case

P. Heith Reynolds, Wolfe, Williams, Rutherford & Reynolds, Norton, VA, for Plaintiff.

Eric P. Kressman, Regional Chief Counsel, Region III, Amanda R. Reinitz, Assistant Regional Counsel, and Victor J. Pane, Special Assistant United States Attorney, Office of the General Counsel, Social Security Administration, Philadelphia, PA, for Defendant.

OPINION

JAMES P. JONES, Chief Judge.

In this social security case, I vacate the final decision of the Commissioner of Social Security (the "Commissioner") and remand for further consideration.

I

The plaintiff, Kenneth McGinnis, filed this action challenging the Commissioner's decision to deny his claim for disability insurance benefits pursuant to Title II of the Social Security Act ("Act"), 42 U.S.C.A. §§ 401-434 (West 2003 ...

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