Gaines v. Astrue

Filing 19

ORDER adopting Report and Recommendations for 10 Motion for Judgment on the Pleadings filed by Nancy Gaines, 14 Motion for Judgment on the Pleadings filed by Michael Astrue, 18 Report and Recommendations. The Court hereby adopts the Report and Recommendation, and hereby: (1) denies plaintiff's motion for judgment on the pleadings; (2) denies defendant's motion for judgment on the pleadings; and (3) remands the case to the Commissioner for further development of the record and for reconsideration of Gaines's disability under the correct legal standard. Clerk to enter judgment. (Signed by Judge Jed S. Rakoff on 8/26/2011) (lmb)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
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NANCY GAINES,
Plaintiff,

- . . - ---..:.:.J

-v-

08 Civ. 9812 (JSR) (KNF)

MICHAEL AS TRUE COMMISSIONER OF
SOCIAL SECURITY,
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ORDER

Defendant.
---------

JED S.

RAKOFF 1

x

U.S.D.J.

On July 22, 2011
States Magistrate Judge

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the Honorable Kevin Nathaniel Fox, United
issued a Report and Recommendation in the

above-captioned matter recommending that:

(1) the plaintiff/s motion

for judgment on the pleadings, Docket Entry No. 10, be deniedi
defendant's motion for judgment on the pleadings

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(2) the

Docket Entry No. 14,

be denied; and (3) the case be remanded to the Commissioner for further
development of the record and for reconsideration of Gaines/s
disability under the correct legal standard.

See 07/22/11 Report &

Recommendation at 27.
No objections have been filed to the Report and Recommendation
and

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for that reason alone

by this Court.

the parties have waived any right to review

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Thomas v. Arn

v. P & C Food Markets, Inc'

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474 U.S. 140

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147-48 (1985)

i

Mario

313 F.3d 758 1 766 (2d Cir. 2002); Spence

v. Superintendent, Great Meadow Corr. FacilitYI 219 F.3d 162
Cir. 2000).

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174 (2d

Accordingly, the Court hereby adopts the Report and

Recommendation, and, for the reasons therein, hereby:
plaintiff's motion for judgment on the pleadings;

(1) denies

(2) denies

defendant's motion for judgment on the pleadings; and (3) remands the
case to the Commissioner for further development of the record and for
reconsideration of Gaines's disability under the correct legal
standard.

Clerk to enter judgment.

SO ORDERED.

Dated: New York, New York
August ~, 2011

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