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Federal Social Security Brief: Appeals Council Disability Denial (Brief 1, p 1)

Disabilities: Arthritis, Diabetes, and Hypertension

Federal Social Security Brief: Appeals Council Disability Denial
Federal Magistrate Judge: Frank J. Lynch, Jr.
United States District Court: Eleventh Circut, Southern District of Florida

Plaintiff's Motion for Summary Judgment with Supporting Memorandum of Law

Plaintiff, by his attorney, and pursuant to Rule 56 of the Federal Rules of Civil Procedure, moves the Court to enter summary judgment for the plaintiff on the grounds that there is no genuine issue as to any material fact, and the Plaintiff is entitled to judgment as a matter of law. Plaintiff moves the Court to remand this matter to the Commissioner for award of benefits or, in the alternative, for further examination, analysis, and a hearing, with a 30 day time limit. The Defendant's decision is not supported by substantial evidence in the record as a whole, and is the result of application of improper legal standards.  In support of the Motion, Plaintiff submits a memorandum of law.

Plaintiff's Memorandum

This memorandum is filed pursuant to the Order of August 6, 2008 granting Plaintiff until November 13, 2008, to submit his memorandum of law in support of his Complaint.  Pursuant to 42 U.S.C. § 405(g), Plaintiff ("Claimant") seeks judicial review of the final administrative decision of the Commissioner of Social Security denying his claim for Social Security Disability Insurance Benefits.  Claimant contends that the Commissioner's decision is not based on substantial evidence and contains errors of law as argued below.

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