Varney v. US Social Security Administration, Commissioner

Filing 15

ORDER granting in part 9 Motion to Reverse Decision of Commissioner; denying 11 Motion to Affirm Decision of Commissioner; approving 14 Report and Recommendations. So Ordered by Judge Paul J. Barbadoro. (vln)

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UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW HAMPSHIRE Nickcole S. Varney v. Civil No. 10-cv-369-PB US Social Security Administration, Commissioner ORDER I herewith approve the Report and Recommendation of Magistrate Judge Landya B. McCafferty dated April 26, 2011, no objection having been filed, for the reasons set forth therein. The defendant's motion for an order affirming the Commissioner's decision (DN 11) is denied. The plaintiff's motion for an order to reverse the decision of the Commissioner (DN 9) is granted to the extent that the case be remanded to the ALJ for further proceedings pursuant to sentence four of 42 U.S.C. section 405(g) . SO ORDERED. May 18, 2011 cc: Anthony B. Lamb, Esq. D. Lance Tillinghast, Esq. Robert J. Rabuck, AUSA /s/ Paul Barbadoro _________________________________ Paul Barbadoro United States District Judge

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