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Amrod v. Commissioner of Social Security

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK


January 5, 2010

DAVID AMROD, 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 April 2008, seeking judicial review of a final decision of the Commissioner of Social Security ("Commissioner") denying his application for disability insurance benefits ("DIB") and Supplemental Security Income ("SSI"). By Report- Recommendation dated November 6, 2009, the Honorable David E. Peebles, United States Magistrate Judge, recommended that the plaintiff's motion for judgment on the pleadings be granted, the Commissioner's determination of no disability be vacated, and the matter be remanded to the Agency for further consideration. No objections have been filed.

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

ORDERED that

1. The plaintiff's motion for judgment on the pleadings is GRANTED;

2. The Commissioner's determination of no disability is VACATED; and

3. This matter is REMANDED to the Agency for further proceedings in accordance with the Report-Recommendation.

IT IS SO ORDERED.

20100105

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