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Scott J. Mcgregor v. Michael J. Astrue

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK


July 12, 2012

SCOTT J. MCGREGOR, 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 brought pursuant to 42 U.S.C. § 1983 was referred to the Hon. Victor E. Bianchini, United States Magistrate Judge, for a 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 June 1, 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, this Court adopts the Report-Recommendation for the reasons stated therein.

It is, therefore, ORDERED that:

(1) Plaintiff's Motion for Judgment on the Pleadings is GRANTED;

(2) Defendant's Motion for Judgment on the Pleadings is DENIED;

(3) the Commissioner's Decision is REVERSED; and

(4) Plaintiff's case is REMANDED to the Commissioner for proceedings regarding the calculation of benefits.

IT IS SO ORDERED.

20120712

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