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KEARNEY v. ASTRUE

No. 5:09-CV-178-BO.

730 F.Supp.2d 482 (2010)

Walter W. KEARNEY, Plaintiff, v. Michael J. ASTRUE, Commissioner of Social Security, Defendant.

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

August 1, 2010.

Attorney(s) appearing for the Case

Elizabeth F. Lunn, Gentry Case Merritts Hogan, Wolf & Hogan, P.C., Raleigh, 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 the parties' Cross-Motions for Judgment on the Pleadings pursuant to Rule 12(c) of the Federal Rules of Civil Procedure. For the reasons stated below. Plaintiffs Motion is GRANTED; Defendant's Motion is DENIED; and the decision of the Commissioner is VACATED and REMANDED for further proceedings consistent with this Order.

INTRODUCTION

Plaintiff Walter...

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