Mezzacappa v. Commissioner of Social Security

Justia Dockets & Filings Second Circuit New York Southern District Mezzacappa v. Commissioner of Social Security

Mezzacappa v. Commissioner of Social Security

Plaintiff:	Anthony Mezzacappa
Defendant:	Commissioner of Social Security
Case Number:	1:2010cv00218
Filed:	January 12, 2010
Court:	US District Court for the Southern District of New York
Office:	Foley Square Office
County:	Rockland
Presiding Judge:	Andrew J. Peck
Presiding Judge:	Richard J. Sullivan
Nature of Suit:	Social Security: DIWC/DIWW
Cause of Action:	42 U.S.C. § 405 Review of HHS Decision (DIWC)
Jury Demanded By:	None

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Date Filed	Document Text
November 5, 2010	Filing 16 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)

Date Filed

Document Text

November 5, 2010

Filing 16 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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Plaintiff: Anthony Mezzacappa
Represented By:	David MacRae Wagner
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Defendant: Commissioner of Social Security
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