Translate
Text Highlighter

Bookmark

PDF

Share

Report a problem
Are you a practicing lawyer?
Enhance your digital presence and reach by creating a Casemine profile.
Upload pleading to use the new AI search
Cites
Cited by
Citation Codes
Equivalent Citations
citation codes

JOANN DIBIASIO, Plaintiff, v. MICHAEL J. ASTRUE, Commissioner of Social Security, Defendant.

ORDER

RICHARD ARCARA, District Judge

This case was referred to Magistrate Judge Leslie G. Foschio, pursuant to 28 U.S.C. § 636(b)(1). On April 9, 2009, defendant filed a motion for judgment on the pleadings and plaintiff filed a response thereto on July 1, 2010. On January 7, 2010, plaintiff filed a motion for judgment on the pleadings. On June 10, 2010, Magistrate Judge Foschio filed a Report and Recommendation, recommending that defendant's motion should be denied, plaintiff's motion should be granted and the matter remanded for calculation of benefits.

Plaintiff filed objections to the Report and Recommendation on June 16, 2010.

Pursuant to 28 U.S.C. § 636(b)(1), this Court must make a de novo determination of those portions of the Report and Recommendation to which objections have been made. Upon a de novo review of the Report and Recommendation, and after reviewing the submissions of the parties, the Court adopts the proposed findings of the Report and Recommendation.

Accordingly, for the reasons set forth in Magistrate Judge Foschio's Report and Recommendation, defendant's motion is denied, plaintiff's motion is granted and the matter remanded for calculation of benefits. The Clerk of Court shall take all steps necessary to close the case.

SO ORDERED.

Use AI to get other relevant cases.

Comments

DIBIASIO v. ASTRUE
(Aug 23, 2010)