McGregor v. Commissioner of Social Security, No. 7:2010cv01483 - Document 18 (N.D.N.Y 2012)
Court Description: DECISION AND ORDER adopting Report and Recommendations re 17 Report and Recommendations: Pltf's motion for judgment on the pleadings is granted; Deft's motion for judgment on the pleadings is denied; Commissioner's decision is reversed; Pltf's case is remanded to Commissioner. Signed by Senior Judge Thomas J. McAvoy on 7/12/12. (sfp, )
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UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK -------------------------------SCOTT J. McGREGOR, Plaintiff, v. 7:10-CV-01483 MICHAEL J. ASTRUE, COMMISSIONER OF SOCIAL SECURITY, Defendant. -------------------------------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. Dated: July 12, 2012 -2-
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