Leonard v. Astrue
Filing
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DECISION AND ORDER adopting the 17 Report and Recommendations; granting Plaintiff's motion for judgment on the pleadings; denying Defendant's motion for judgment on the pleadings; reversing and remanding the case to the Commissioner solely for the calculation of benefits. Signed by Senior Judge Thomas J. McAvoy on 1/24/2012. (amt)
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF NEW YORK
PAULA LEONARD o/b/o A.J.,
Plaintiff,
-vs-
1:09-CV-00029
MICHAEL J. ASTRUE,
Commissioner of Social Security,
Defendant.
Thomas J. McAvoy,
United States District Judge
DECISION and ORDER
This matter was referred to the Hon. Victor E. Bianchini, United States Magistrate Judge, for
a Report and Recommendation (“Report-Recommendation”) pursuant to 28 U.S.C. § 636(b) and
Rule 72.3(d) of the Local Rules of the Northern District of New York. No objections to the
November 2, 2011 Report-Recommendation have been raised. After examining the record, this
Court has determined that the Report-Recommendation is not subject to attack for plain error or
manifest injustice. Accordingly, this Court adopts the Report-Recommendation and Order for the
reasons stated therein.
Plaintiff’s Motion for Judgment on the Pleadings is GRANTED. Defendant’s Motion for
Judgment on the Pleadings is DENIED. Pursuant to sentence four of 42 U.S.C. § 405(g), the
Defendant’s decision denying benefits is hereby REVERSED and the case is REMANDED to the
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Commissioner solely for the calculation of benefits.
IT IS SO ORDERED.
Dated:January 24, 2012
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