Mezzacappa v. Commissioner of Social Security
||Commissioner of Social Security
||January 12, 2010
||US District Court for the Southern District of New York
||Foley Square Office
||Andrew J. Peck
||Richard J. Sullivan
|Nature of Suit:
||Social Security: DIWC/DIWW
|Cause of Action:
||42:405 Review of HHS Decision (DIWC)
|Jury Demanded By:
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|November 5, 2010
OPINION AND ORDER: For the reasons set forth, the Commissioner's determination that Mezzacappa was not disabled within the meaning of the Social Security Act during the period January 19, 2007 through March 19, 2009, is not supported by substant ial evidence. The Commissioner's motion for judgment on the pleadings (Dkt. No. 14 ) therefore is DENIED and Mezzacappa's motion for judgment on the pleadings (Dkt. No. 10 ) is GRANTED and the case remanded to the Commissioner for further proceedings consistent with this Opinion. The Clerk of Court shall enter judgment accordingly. (Signed by Magistrate Judge Andrew J. Peck on 11/5/2010) Copies Sent By Chambers. (lnl)
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