Cook v. Astrue, No. 5:2008cv01351 - Document 13 (N.D.N.Y 2011)
Court Description: DECISION AND ORDER adopting the 12 Report and Recommendations; Granting Plaintiff's motion for judgment on the pleadings; Denying Defendant's motion for judgment on the pleadings; Reversing the Commissioner's decision; Remanding the action to the Commissioner for calculation of benefits. Signed by Senior Judge Thomas J. McAvoy on 6/22/2011. (amt)
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UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK ________________________________________________ CATHERINE T. COOK, Plaintiff, vs. 08-CV-1351 MICHAEL J. ASTRUE, Commissioner of Social Security, Defendant. ______________________________________________ Thomas J. McAvoy, Senior 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 pursuant to 28 U.S.C. ยง 636(b) and Rule 72.3(d) of the Local Rules of the Northern District of New York. In a Report and Recommendation dated May 24, 2011 ( Report-Recommendation ), Magistrate Judge Bianchini recommended that Plaintiff's Motion for Judgment on the Pleadings be GRANTED, that Defendant s Motion for Judgment on the Pleadings be DENIED, that the decision of the Commissioner be reversed, and that the case be remanded to the Commissioner for calculation of benefits. No objections to the Report and Recommendation have been lodged and the time for filing objections has expired. CONCLUSION After examining the record, this Court has determined that the Report and Recommendation is not subject to attack for plain error or manifest injustice. Therefore, 1 (1) The Court adopts the Report and Recommendation for the reasons stated therein; (2) Plaintiff's Motion for Judgment on the Pleadings is GRANTED; (3) Defendant s Motion for Judgment on the Pleadings is DENIED; (4) The decision of the Commissioner is REVERSED, and (5) The case is REMANDED to the Commissioner for calculation of benefits. IT IS SO ORDERED. Dated:June 22, 2011 2
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