Fernandez v. Astrue

Fernandez v. Astrue

Plaintiff:	Juan A. Fernandez
Defendant:	Michael J. Astrue
Case Number:	1:2011cv03896
Filed:	August 12, 2011
Court:	US District Court for the Eastern District of New York
Office:	Brooklyn Office
Presiding Judge:	Dora Lizette Irizarry
Nature of Suit:	Social Security: SSID Tit. XVI
Cause of Action:	42 U.S.C. § 405 Review of HHS Decision (SSID)
Jury Demanded By:	None

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Date Filed	Document Text
March 28, 2013	Filing 19 ORDER granting Plaintiff's 11 Motion for Judgment on the Pleadings; denying the Commissioner's 13 Motion for Judgment on the Pleadings; AND REMANDING SOLELY FOR CALCULATION OF BENEFITS -- For the reasons set forth in the ATTACHED WRI TTEN OPINION AND ORDER, the Commissioner's motion for judgment on the pleadings is denied and Plaintiff's motion for judgment on the pleadings is granted. Accordingly, pursuant to the fourth sentence of 42 U.S.C. § 405(g), the Commiss ioner's decision is REVERSED and this matter is REMANDED to the Commissioner solely for the calculation of benefits for the disability period of January 19, 1998 through the date last insured, December 31, 2003. The Clerk of the Court is directed to enter judgment and to close this case. SO ORDERED by Judge Dora Lizette Irizarry on 3/28/2013. (Irizarry, Dora)

Date Filed

Document Text

March 28, 2013

Filing 19 ORDER granting Plaintiff's 11 Motion for Judgment on the Pleadings; denying the Commissioner's 13 Motion for Judgment on the Pleadings; AND REMANDING SOLELY FOR CALCULATION OF BENEFITS -- For the reasons set forth in the ATTACHED WRI TTEN OPINION AND ORDER, the Commissioner's motion for judgment on the pleadings is denied and Plaintiff's motion for judgment on the pleadings is granted. Accordingly, pursuant to the fourth sentence of 42 U.S.C. § 405(g), the Commiss ioner's decision is REVERSED and this matter is REMANDED to the Commissioner solely for the calculation of benefits for the disability period of January 19, 1998 through the date last insured, December 31, 2003. The Clerk of the Court is directed to enter judgment and to close this case. SO ORDERED by Judge Dora Lizette Irizarry on 3/28/2013. (Irizarry, Dora)

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Defendant: Michael J. Astrue
Represented By:	Ameet B. Kabrawala
Represented By:	SOCIAL SECURITY ADMINISTRATION - GENERIC
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Plaintiff: Juan A. Fernandez
Represented By:	Charles E. Binder
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