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· 5/16/2008

Mikol v. Barnhart

Citations

  • 554 F. Supp. 2d 498
  • 2008 U.S. Dist. LEXIS 39779
  • 2008 WL 2115396

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • noting that new facts cannot be considered on a motion for reconsideration
  • reconsidering decision affirming the denial of disability benefits in light of subsequent administrative decision that was favorable to the claimant
  • granting reconsideration where a subsequent ALJ decision had not been “before the [c]ourt when the motion for judgment on the pleadings was decided” and that “might have an effect on the earlier unfavorable decision upon remand”
  • “Plaintiff’s ‘disagreement’ with our prior determination is not an appropriate ground for reconsideration.” (citation omitted)
  • “[G]ood cause does exist because the subsequent favorable decision was not issued until after the decision.”
  • “It is difficult to believe that on August 3, 2004 plaintiff was not disabled even though he had a history of pain and surgeries which supported a determination that on August 4, 2004 plaintiff was suddenly disabled.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Conner

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.