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Pratt v. Astrue

United States District Court, N.D. New York
Jun 26, 2008
7:06-CV-551 (LEK/DRH) (N.D.N.Y. Jun. 26, 2008)

Summary

finding that the plaintiff's lumbar spine condition did not meet Listing 1.04 where the plaintiff's sensory exams and straight leg tests were largely unremarkable and plaintiff's MRI did not exhibit nerve root compression

Summary of this case from Beall v. Colvin

Opinion

7:06-CV-551 (LEK/DRH).

June 26, 2008


DECISION AND ORDER


This matter comes before the Court following a Report-Recommendation filed on April 28, 2008, by the Honorable David R. Homer, United States Magistrate Judge, pursuant to 28 U.S.C. § 636(b) and L.R. 72.3(c) of the Northern District of New York. Report-Rec. (Dkt. No. 9).

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 Judge Homer's Report-Recommendation. 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. 9) is APPROVED and ADOPTED in its ENTIRETY; and it is further

ORDERED, that the decision denying disability benefits is VACATED and this matter REMANDED to the Commissioner, pursuant to sentence four of 42 U.S.C. § 405(g) for further proceedings; and it is further

Sentence four reads "[t]he court shall have power to enter, upon the pleadings and transcript of the record, a judgment affirming, modifying, or reversing the decision of the Commissioner of Social Security, with or without remanding the cause for a rehearing." 42 U.S.C. § 405(g).

ORDERED, that the Clerk serve a copy of this Order on all.

IT IS SO ORDERED.


Summaries of

Pratt v. Astrue

United States District Court, N.D. New York
Jun 26, 2008
7:06-CV-551 (LEK/DRH) (N.D.N.Y. Jun. 26, 2008)

finding that the plaintiff's lumbar spine condition did not meet Listing 1.04 where the plaintiff's sensory exams and straight leg tests were largely unremarkable and plaintiff's MRI did not exhibit nerve root compression

Summary of this case from Beall v. Colvin

remanding to ALJ where only evidence that supported ALJ's determination that plaintiff could lift more than ten pounds was opinion of disability examiner, and that opinion did not constitute substantial evidence

Summary of this case from Suarez v. Commissioner of Social Security
Case details for

Pratt v. Astrue

Case Details

Full title:RUTH E. PRATT, Plaintiff, v. MICHAEL J. ASTRUE, Commissioner of Social…

Court:United States District Court, N.D. New York

Date published: Jun 26, 2008

Citations

7:06-CV-551 (LEK/DRH) (N.D.N.Y. Jun. 26, 2008)

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