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Amy Smith, On Behalf of M.H v. Michael J. Astrue

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK


March 29, 2011

AMY SMITH, ON BEHALF OF M.H., PLAINTIFF,
v.
MICHAEL J. ASTRUE, COMMISSIONER OF SOCIAL SECURITY, DEFENDANT.

The opinion of the court was delivered by: Gary L. Sharpe, District Court Judge

ORDER

The above-captioned matter comes to this court following a Report-Recommendation by Magistrate Judge Victory E. Bianchini, duly filed March 8, 2011. Following ten days from the service thereof, the Clerk has sent the file, including any and all objections filed by the parties herein.

No objections having been filed, and the court having reviewed the Magistrate Judge's Report-Recommendation for clear error, it is hereby ORDERED, that the Report-Recommendation of Magistrate Judge Victor E. Bianchini filed March 8, 2011 is ACCEPTED in its entirety for the reasons state therein, and it is further ORDERED that Plaintiff's Motion for Judgment on the Pleadings is GRANTED, that the Commissioner's Motion for Judgment on the Pleadings is DENIED, that the decision of the Commissioner is REVERSED, and that the case is REMANDED to the Commissioner for calculation of benefits, and it is further ORDERED, that the Clerk of the Court is to mail copies of the Order to the parties in accordance with the court's local rules.

Albany, New York

20110329

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