Leonard v. Astrue, No. 1:2009cv00029 - Document 18 (N.D.N.Y 2012)
Court Description: DECISION AND ORDER adopting the 17 Report and Recommendations; granting Plaintiff's motion for judgment on the pleadings; denying Defendant's motion for judgment on the pleadings; reversing and remanding the case to the Commissioner solely for the calculation of benefits. Signed by Senior Judge Thomas J. McAvoy on 1/24/2012. (amt)
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UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK PAULA LEONARD o/b/o A.J., Plaintiff, -vs- 1:09-CV-00029 MICHAEL J. ASTRUE, Commissioner of Social Security, Defendant. 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 1 Commissioner solely for the calculation of benefits. IT IS SO ORDERED. Dated:January 24, 2012 2
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