Bechler v. Commissioner of Social Security

Filing 20

DECISION and ORDERED, that the Report-Recommendation (Dkt. No. 19) is APPROVED and ADOPTED in its ENTIRETY; and it is further ORDERED, that the Commissioners decision denying benefits is REVERSED and the above captioned case is REMANDED for further proceedings in accordance with this Decision. Signed by Senior Judge Lawrence E. Kahn on December 31, 2009. (sas)

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK DARLENE BENWARE BECHLER, Plaintiff, -againstMICHAEL J. ASTRUE, Commissioner of Social Security, Defendant. 8:07-CV-0380 (LEK/VEB)

DECISION AND ORDER This matter comes before the Court following a Report-Recommendation filed on November 30, 2009, by the Honorable Victor E. Bianchini, United States Magistrate Judge, pursuant to 28 U.S.C. § 636(b) and L.R. 72.3(c) of the Northern District of New York. Report-Rec. (Dkt. No. 19). Within ten days, excluding weekends and holidays, after a party has been served with a copy of a Magistrate Judge's Report-Recommendation, the party "may serve and file specific, written objections to the proposed findings and recommendations," FED. R. CIV. P. 72(b), in compliance with L.R. 72.1. No objections have been raised in the allotted time with respect to Judge Bianchini's Report-Recommendation. Furthermore, after examining the record, the Court has determined that the Report-Recommendation is not subject to attack for plain error or manifest injustice. Accordingly, it is hereby ORDERED, that the Report-Recommendation (Dkt. No. 19) is APPROVED and ADOPTED in its ENTIRETY; and it is further

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ORDERED, that the Commissioner's decision denying benefits is REVERSED and the above captioned case is REMANDED for further proceedings in accordance with this Decision; and it is further ORDERED, that the Clerk serve a copy of this Order on all parties. IT IS SO ORDERED. DATED: December 31, 2009 Albany, New York

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