Bohn v. Commissioner of Social Security, No. 7:2010cv01078 - Document 17 (N.D.N.Y 2012)
Court Description: DECISION AND ORDER adopting Magistrate Judge Peebles' 16 Report and Recommendations; denying Defendant's motion for judgment on the pleadings; granting Plaintiff's motion for judgment on the pleadings; vacating the Commissioner's finding of no disability and remanding the action to the Commissioner for further proceedings. Signed by Senior Judge Thomas J. McAvoy on 3/27/2012. (amt)
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UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK -------------------------------KATIE BOHN, Plaintiff, v. 7:10-CV-1078 COMMISSIONER OF SOCIAL SECURITY, Defendants. -------------------------------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. Dated: March 28, 2012 - 2 -
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