Bohn v. Commissioner of Social Security

Filing 17

DECISION AND ORDER adopting Magistrate Judge Peebles' 16 Report and Recommendations; denying Defendant's motion for judgment on the pleadings; granting Plaintiff's motion for judgment on the pleadings; vacating the Commissioner's finding of no disability and remanding the action to the Commissioner for further proceedings. Signed by Senior Judge Thomas J. McAvoy on 3/27/2012. (amt)

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF NEW YORK
-------------------------------KATIE BOHN,
Plaintiff,
v.

7:10-CV-1078

COMMISSIONER OF SOCIAL
SECURITY,
Defendants.
-------------------------------THOMAS J. McAVOY
Senior United States District Judge

DECISION and ORDER

This matter brought pursuant to section 205(g) of the Social Security Act, 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 Rules 72.3(c).
No objections to the March 5, 2012 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, the Court adopts the
Report-Recommendation for the reasons stated herein.
It is, therefore, ORDERED that:
(1) Defendant’s motion for judgment on the pleadings is DENIED;
(2) Plaintiff’s motion for judgment on the pleadings is GRANTED; and

(3) The Commissioner’s finding of no disability is VACATED and the matter
REMANDED to the Commissioner for further proceedings consistent with the court’s findings.
IT IS SO ORDERED.
Dated: March 28, 2012

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