Howard v. Astrue

Filing 13

ORDER adopting 12 Report and Recommendations. IT IS ORDERED that Plaintiff's motion for judgment on the pleadings be GRANTED and the Commissioner's determination of no disability be vacated and the matter REMANDED for further proceedings consistent with this order. Signed by Senior Judge Thomas J. McAvoy on 3/25/2013. (dpk)

Download PDF
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK -------------------------------MATTHEW JOSEPH HOWARD, Plaintiff, v. 5:11-CV-01397 MICHAEL J. ASTRUE, COMMISSIONER OF SOCIAL SECURITY, Defendant. -------------------------------THOMAS J. McAVOY Senior United States District Judge DECISION & ORDER This matter brought pursuant to 42 U.S.C. § 405(g) was referred to the Hon. David E. Peebles, United States Magistrate Judge, for a Report-Recommendation pursuant to 28 U.S.C. § 636(b) and Local Rule 72.3(c). No objections to the January 22, 2013 Report-Recommendation were raised. After examining the record, the Court determined that the ReportRecommendation is not subject to attack for plain error or manifest injustice. Accordingly, the Court adopts the Report-Recommendation for the reasons stated therein. It is, therefore, ORDERED that: (1) Plaintiff’s motion for judgment on the pleadings be GRANTED; (2) the Commissioner’s determination of no disability be vacated and the matter REMANDED for further proceedings consistent with this order. IT IS SO ORDERED. Dated: March 25, 2013 -2-

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?