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)

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

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