Smith v. Astrue

Filing 18

DECISION AND ORDER adopting 14 Report and Recommendations. Pltf's motion for judgment on the pleadings is granted; Deft's motion for judgment on the pleadings is denied; decision of Commissioner is reversed and the case is remanded to the Commissioner pursuant to sentence four of 42 USC 405 (g). Signed by Senior Judge Thomas J. McAvoy on 12/22/11. (sfp, )

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF NEW YORK
________________________________________________
MELANIE LURA SMITH,
Plaintiff,
09-CV-470
V.
MICHAEL J. ASTRUE,
Commissioner of Social Security,
Defendant.
______________________________________________
Thomas J. McAvoy,
Senior 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 pursuant to 28 U.S.C. § 636(b) and Rule 72.3(d) of the Local
Rules of the Northern District of New York. In a Report and Recommendation dated November 4,
2011 (“Report-Recommendation”), Magistrate Judge Bianchini recommended that Plaintiff's
Motion for Judgment on the Pleadings be GRANTED, that Defendant’s Motion for Judgment on the
Pleadings be DENIED, that the decision of the Commissioner be reversed, and that the case be
remanded to the Commissioner pursuant to sentence four of 42 U.S.C. § 405 (g) for further
administrative proceedings consistent with the Report and Recommendation. No objections to the
Report and Recommendation have been lodged and the time for filing objections has expired.
CONCLUSION
After examining the record, this Court has determined that the Report and Recommendation
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is not subject to attack for plain error or manifest injustice. Therefore,
(1) The Court adopts the Report and Recommendation for the reasons stated therein;
(2) Plaintiff's Motion for Judgment on the Pleadings is GRANTED;
(3) Defendant’s Motion for Judgment on the Pleadings is DENIED;
(4) The decision of the Commissioner is REVERSED, and
(5) The case is REMANDED to the Commissioner pursuant to sentence four of 42 U.S.C. §
405 (g) for further administrative proceedings consistent with the Report and Recommendation.
IT IS SO ORDERED.
Dated:December 22, 2011

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