Summary
holding that consideration of evidence that contradicts educational level, including literacy, must be considered
Summary of this case from Leonard K. v. Comm'r of Soc. Sec.Opinion
7:06-CV-1486 (LEK/VEB).
May 22, 2009
DECISION AND ORDER
This matter comes before the Court following a Report-Recommendation filed on April 28, 2009, by the Honorable Victor E. Bianchini, United States Magistrate Judge, pursuant to 28 U.S.C. § 636(b) and L.R. 72.3(d) of the Northern District of New York. Report-Rec. (Dkt. No. 11).
Within ten days, excluding weekends and holidays, after a party has been served with a copy of a Magistrate Judge's Report-Recommendation, the party "may serve and file specific, written objections to the proposed findings and recommendations," FED. R. CIV. P. 72(b), in compliance with L.R. 72.1. No objections have been raised in the allotted time with respect to the Report-Recommendation filed by Judge Bianchini. Furthermore, after examining the record, the Court has determined that the Report-Recommendation is not subject to attack for plain error or manifest injustice.
Accordingly, it is hereby ORDERED, that the Report-Recommendation (Dkt. No. 11) is APPROVED and ADOPTED in its ENTIRETY; and it is further
ORDERED, that the Defendant's Motion for judgment on the pleadings is DENIED; and it is further
ORDERED, that the Plaintiff's Motion for judgment on the pleadings is GRANTED in part, and the case is remanded to the Commissioner for further proceedings in accordance with the Report-Recommendation; and it is further
ORDERED, that the Clerk serve a copy of this Order on all parties.
IT IS SO ORDERED.