UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK
March 28, 2012
KATIE BOHN, PLAINTIFF,
COMMISSIONER OF SOCIAL SECURITY, DEFENDANTS.
The opinion of the court was delivered by: Thomas J. McAVOY Senior United States District Judge
DECISION and ORDER
This matter brought pursuant to section 205(g) of the Social Security Act, 42 U.S.C. § 405(g) was referred to the Hon. David E. Peebles, United States Magistrate Judge, for a Report-Recommendation pursuant to 28 U.S.C. § 636(b) and Local Rules 72.3(c).
No objections to the March 5, 2012 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, the Court adopts the Report-Recommendation for the reasons stated herein.
It is, therefore, ORDERED that:
(1) Defendant's motion for judgment on the pleadings is DENIED;
(2) Plaintiff's motion for judgment on the pleadings is GRANTED; and
(3) The Commissioner's finding of no disability is VACATED and the matter REMANDED to the Commissioner for further proceedings consistent with the court's findings.
IT IS SO ORDERED.
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