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Ashcraft v. Commissioner of Social Security

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK


July 28, 2008

DEBORAH A. ASHCRAFT, PLAINTIFF,
v.
COMMISSIONER OF SOCIAL SECURITY DEFENDANT.

The opinion of the court was delivered by: Gary L. Sharpe, U.S. District Judge

ORDER

The above-captioned matter comes to this court following a Report-Recommendation by Magistrate Judge David E. Peebles, duly filed June 9, 2008. Following ten days from the service thereof, the Clerk has sent the file, including any and all objections filed by the parties herein.

No objections having been filed, and the court having reviewed the Magistrate Judge's Report-Recommendation for clear error, it is hereby

ORDERED, that the Report-Recommendation of Magistrate Judge David E. Peebles filed June 9, 2008 is ACCEPTED in its entirety for the reasons state therein, and it is further

ORDERED, that plaintiff's motion for judgment on the pleadings is GRANTED, and it is further

ORDERED, that the Commissioner's determination of no disability is VACATED and the matter is REMANDED to the agency for further consideration.

IT IS SO ORDERED.

20080728

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