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Walterich v. Astrue

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF NEW YORK


September 18, 2008

PATRICIA A. WALTERICH, PLAINTIFF,
v.
MICHAEL J. ASTRUE, COMMISSIONER OF SOCIAL SECURITY, DEFENDANT.

The opinion of the court was delivered by: Honorable Richard J. Arcara Chief Judge United States District Court

ORDER

The above-referenced case was referred to Magistrate Judge Leslie G. Foschio, pursuant to 28 U.S.C. § 636(b)(1)(B). On August 27, 2008, Magistrate Judge Foschio filed a Report and Recommendation, recommending that defendant's motion for judgment on the pleadings be denied, that the plaintiff's motion for judgment on the pleadings be granted, and the matter remanded for calculation of benefits.

The Court has carefully reviewed the Report and Recommendation, the record in this case, and the pleadings and materials submitted by the parties, and no objections having been timely filed, it is hereby

ORDERED, that pursuant to 28 U.S.C. § 636(b)(1), and for the reasons set forth in Magistrate Judge Foschio's Report and Recommendation, defendant's motion for judgment on the pleadings is denied, the plaintiff's motion for judgment on the pleadings is granted, and the matter is remanded for calculation of benefits.

The Clerk of Court shall take all steps necessary to close the case.

SO ORDERED.

20080918

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