Ashcraft v. Commissioner of Social Security, No. 7:2011cv00139 - Document 17 (N.D.N.Y 2012)

Court Description: DECISION AND ORDER adopting the 16 Report and Recommendations. The Commissioner's decision is REVERSED and the action is REMANDED for calculation of benefits. Signed by Senior Judge Thomas J. McAvoy on 2/17/2012. (amt)

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UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK ________________________________________________ DEBORAH ASHCRAFT, Plaintiff, 7:11-CV-139 v. COMMISSIONER OF SOCIAL SECURITY, Defendant. ______________________________________________ Thomas J. McAvoy, Senior United States District Judge DECISION and ORDER This matter was referred to the Hon. Andrew T. Baxter, United States Magistrate Judge, for a Report and 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. In a Report and Recommendation dated December 12, 2011 ( Report-Recommendation ), Magistrate Judge Baxter recommended that the Commissioner s decision be reversed, and this action be remanded for calculation of benefits for the closed period in question: August 28, 2003 until August 10, 2005. 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, the Court ADOPTS the Report and Recommendation for the reasons stated therein. The Commissioner s decision is 1 REVERSED, and this action is REMANDED for calculation of benefits for the closed period in question: August 28, 2003 until August 10, 2005. IT IS SO ORDERED. Dated: February 17, 2012 2

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