McGregor v. Commissioner of Social Security

Filing 18

DECISION AND ORDER adopting Report and Recommendations re 17 Report and Recommendations: Pltf's motion for judgment on the pleadings is granted; Deft's motion for judgment on the pleadings is denied; Commissioner's decision is reversed; Pltf's case is remanded to Commissioner. Signed by Senior Judge Thomas J. McAvoy on 7/12/12. (sfp, )

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF NEW YORK
-------------------------------SCOTT J. McGREGOR,
Plaintiff,
v.

7:10-CV-01483

MICHAEL J. ASTRUE,
COMMISSIONER OF SOCIAL SECURITY,
Defendant.
-------------------------------THOMAS J. McAVOY
United States District Judge
DECISION and ORDER
This matter brought pursuant to 42 U.S.C. § 1983 was referred to the Hon. Victor
E. Bianchini, United States Magistrate Judge, for a 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 June 1, 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, this Court adopts the
Report-Recommendation for the reasons stated therein.

It is, therefore, ORDERED that:

(1) Plaintiff’s Motion for Judgment on the Pleadings is GRANTED;
(2) Defendant’s Motion for Judgment on the Pleadings is DENIED;
(3) the Commissioner’s Decision is REVERSED; and

(4) Plaintiff’s case is REMANDED to the Commissioner for proceedings regarding the
calculation of benefits.

IT IS SO ORDERED.
Dated: July 12, 2012

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