District Court, D. Puerto Rico April 14, 2004, CIV.03-1201 HL/GAG (Rosario v. Commissioner of Social Security)

MEMORANDUM OPINION AND ORDER

GELPI, United States Magistrate Judge.

The present case is hereby REMANDED to the Commissioner of Social Security for the holding of a

de novo

evidentiary hearing before an Administrative Law Judge (“ALJ”) other than Miguel A. Mon-talvo, whom the Court DISQUALIFIES from presiding over the case.

In his decision denying plaintiff disability benefits (Tr.