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McCauley v. Astrue

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK


December 15, 2009

DIANE E. MCCAULEY, PLAINTIFF,
v.
MICHAEL J. ASTRUE COMMISSIONER OF SOCIAL SECURITY, DEFENDANT.

The opinion of the court was delivered by: Frederick J. Scullin, Jr., S.J.

DECISION AND ORDER

Currently before the Court is Magistrate Judge Victor E. Bianchini's November 16, 2009 Report and Recommendation to which the parties have filed no objections. Having reviewed that Report and Recommendation and the entire file in this matter, the Court hereby

ORDERS that the Report and Recommendation of Magistrate Judge Victor E. Bianchini filed November 16, 2009 is ACCEPTED in its entirety, for the reasons stated therein, and the Court further

ORDERS that Defendant's motion for judgment on the pleadings is DENIED; and the Court further

ORDERS that the decision of the Commissioner is REVERSED, and that the case is REMANDED to the Commissioner for further proceedings consistent with the Report and Recommendation

IT IS SO ORDERED.

20091215

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