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Schmidt v. Astrue

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK


September 22, 2010

BRIAN SCHMIDT, PLAINTIFF,
v.
MICHAEL ASTRUE, COMMISSIONER OF SOCIAL SECURITY, DEFENDANT.

The opinion of the court was delivered by: Neal P. McCurn, Senior District Judge

Order

Plaintiff Brian Schmidt brings this action pursuant to the Social Security Act, 42 U.S.C. §§ 405(g), 1383(c)(3), seeking review of a final decision of the defendant Commissioner of Social Security ("the Commissioner"), denying his application for disability insurance benefits ("DIB") and supplemental security income ("SSI"). By Report-Recommendation dated August 13, 2010, the Honorable George H. Lowe, United States Magistrate Judge, finds that the Commissioner's decision contains legal error and is not supported by substantial evidence, and therefore recommends that the Commissioner's decision denying DIB and SSI be vacated and remanded for further proceedings in accordance with his recommendation. Neither party having objected thereto, and this court having carefully reviewed same for clear error, this court adopts the Report-Recommendation in its entirety. See 28 U.S.C. § 636(b)(1).

Accordingly, for the reasons set forth above, the recommended ruling (Doc. No. 11) is hereby APPROVED and ADOPTED. This case is REMANDED to the Commissioner, as set forth in the recommended ruling, for further proceedings consistent with the recommended ruling of the magistrate judge.

SO ORDERED.

20100922

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