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Aiello v. Commissioner of Social Security

January 9, 2009

JUDITH A. AIELLO, PLAINTIFF,
v.
COMMISSIONER OF SOCIAL SECURITY, DEFENDANT.



The opinion of the court was delivered by: David N. Hurd United States District Judge

DECISION and ORDER

Plaintiff filed this action in August 2006, pursuant to 28 U.S.C. § 636(b) and Local rule 72.3(d). By Report-Recommendation dated December 18, 20087, the Honorable Gustave J. DiBianco, United States Magistrate Judge, recommended that the decision of the Commissioner be reversed, and the case be remanded for a proper determination of plaintiff's RFC consistent with the Report, analysis of credibility, and development of the record. No objections have been filed.

Based upon a careful review of the entire file and the recommendations of Magistrate Judge DiBianco, the Report-Recommendation is accepted and adopted in whole. See 28 U.S.C. 636(b)(1). Accordingly, it is ORDERED that

1. The decision of the Commissioner is REVERSED;

2. This matter is REMANDED to the Commissioner for further proceedings consistent with the Report-Recommendation.

IT IS SO ORDERED.

20090109

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