· 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 CourtListenerSourced from CourtListener / Free Law Project (CC0).
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