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Klement v. Astrue

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK


November 16, 2009

LAURENE KLEMENT, PLAINTIFF,
v.
MICHAEL J. ASTRUE, COMMISSIONER OF SOCIAL SECURITY, DEFENDANT.

DECISION AND ORDER

This matter comes before the Court following a Report-Recommendation filed on October 22, 2009 by the Honorable Victor E. Bianchini, United States Magistrate Judge, pursuant to 28 U.S.C. § 636(b) and L.R. 72.3 of the Northern District of New York. Report-Rec. (Dkt. No. 18). After ten days from the service thereof, the Clerk has sent the entire file to the undersigned, including the objections by Michael J. Astrue, which were filed on October 29, 2009, Objections (Dkt. No. 19), and the objections by Laurene Klement, which were filed on November 3, 2009, Resp. Objections (Dkt. No. 21).

It is the duty of this Court to "make a de novo determination of those portions of the report or specified proposed findings or recommendations to which objection is made." 28 U.S.C. § 636(b). "A [district] judge... may accept, reject, or modify, in whole or in part, the findings or recommendations made by the magistrate judge." Id. This Court has considered the objections and has undertaken a de novo review of the record and has determined that the Report-Recommendation should be approved for the reasons stated therein.

Accordingly, it is hereby

ORDERED, that the Report-Recommendation (Dkt. No. 18) is APPROVED and ADOPTED in its ENTIRETY; and it is further

ORDERED, that Defendant's Motion for judgment on the pleadings (Dkt. No. 15) is DENIED; and it is further

ORDERED, that the decision of the Commissioner is REVERSED; and it is further ORDERED, that the case is REMANDED to the Commissioner pursuant to sentence four of 42 U.S.C. § 405 (g) for further administrative proceedings; and it is further ORDERED, that the Clerk serve a copy of this Order on all parties.

IT IS SO ORDERED.

20091116

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