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Paula Leonard O/B/O A.J v. Michael J. Astrue

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK


January 24, 2012

PAULA LEONARD O/B/O A.J., PLAINTIFF,
v.
MICHAEL J. ASTRUE, COMMISSIONER OF SOCIAL SECURITY, DEFENDANT.

The opinion of the court was delivered by: Thomas J. McAvoy, United States District Judge

DECISION and ORDER

This matter was referred to the Hon. Victor E. Bianchini, United States Magistrate Judge, for a Report and Recommendation ("Report-Recommendation") pursuant to 28 U.S.C. § 636(b) and Rule 72.3(d) of the Local Rules of the Northern District of New York. No objections to the November 2, 2011 Report-Recommendation have been raised. After examining the record, this Court has determined that the Report-Recommendation is not subject to attack for plain error or manifest injustice. Accordingly, this Court adopts the Report-Recommendation and Order for the reasons stated therein.

Plaintiff's Motion for Judgment on the Pleadings is GRANTED. Defendant's Motion for Judgment on the Pleadings is DENIED. Pursuant to sentence four of 42 U.S.C. § 405(g), the Defendant's decision denying benefits is hereby REVERSED and the case is REMANDED to the Commissioner solely for the calculation of benefits.

IT IS SO ORDERED.

20120124

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