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Powell v. Astrue

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK


October 11, 2010

NORMAN POWELL, PLAINTIFF,
v.
MICHAEL ASTRUE, COMMISSIONER OF SOCIAL SECURITY, DEFENDANT.

The opinion of the court was delivered by: Scullin, Senior Judge

ORDER

Currently before the Court is Magistrate Judge Lowe's August 13, 2010 Report-Recommendation to which the parties did not file any objections. See Dkt. No. 14. Having reviewed that Report-Recommendation, the entire file in this matter, as well as the applicable law, the Court hereby

ORDERS that Magistrate Judge Lowe's August 13, 2010 Report-Recommendation is

ACCEPTED in its entirety for the reasons stated therein; and the Court further

ORDERS that the Commissioner's determination of no disability is VACATED and this matter is REMANDED to the Commissioner pursuant to sentence four of 42 U.S.C. § 405(g) for further consideration consistent with the Report-Recommendation; and the Court further

ORDERS that the Clerk of the Court shall enter judgment in favor of Plaintiff and close this case.

IT IS SO ORDERED.

20101011

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