Gelser v. Astrue

Filing 15

ORDER granting 7 plaintiff's Motion for Judgment on the Pleadings; denying 8 defendant's Motion for Judgment on the Pleadings; adopting Report and Recommendation re 11 Report and Recommendations. Matter remanded for calculation of benefits. Clerk of court to close case. Signed by Hon. Richard J. Arcara on 3/3/2011. (JMB)

Gelser v. Astrue

Doc. 15

UNITED STATES DISTRICT COURT W ESTERN DISTRICT OF NEW YORK

JOHN PAUL GELSER, Plaintiff, v. ORDER 09-CV-803

MICHAEL J. ASTRUE, Commissioner of Social Security,

Defendant.

This case was referred to Magistrate Judge Leslie G. Foschio, pursuant to 28 U.S.C. § 636(b)(1). Both plaintiff and defendant filed motions for judgment on the pleadings on May 18, 2010. On January 31, 2011, Magistrate Judge Foschio filed a Report and Recommendation, recommending that defendant's motion be denied and plaintiff's motion be granted and the matter should be remanded for calculation of benefits. Defendants filed objections to the Report and Recommendation on February 11, 2011 and plaintiff filed a reply thereto. Pursuant to 28 U.S.C. § 636(b)(1), this Court must make a de novo determination of those portions of the Report and Recommendation to which objections have been made. Upon a de novo review of the Report and Recommendation, and after reviewing the submissions from the parties, the Court adopts the proposed findings of the Report and Recommendation.

Dockets.Justia.com

Accordingly, for the reasons set forth in Magistrate Judge Foschio's Report and Recommendation, defendant's motion is denied and plaintiff's motion is granted. The matter is remanded for calculation of benefits.

SO ORDERED.

s/ Richard J. Arcara
HONORABLE RICHARD J. ARCARA UNITED STATES DISTRICT JUDGE DATED: March 3, 2011

2