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Marie R. Lucero v. Michael J. Astrue

September 26, 2011

MARIE R. LUCERO, PLAINTIFF,
v.
MICHAEL J. ASTRUE, COMMISSIONER OF SOCIAL SECURITY, DEFENDANT.



The opinion of the court was delivered by: Cynthia M. Rufe, J.

ORDER

AND NOW, this 26th day of September 2011, after careful review and independent consideration of Plaintiff's request for review, Defendant's response, the Report and Recommendation of United States Magistrate Judge Lynne Sitarski, the objections to the Report and Recommendation and the response thereto, it is hereby ORDERED that:

1. The Objections to Report and Recommendation are SUSTAINED;

: CIVIL ACTION

1. The Report and Recommendation is REJECTED IN PART as set forth in the accompanying Memorandum Opinion;

2. The Plaintiff's request for reversal is GRANTED; and

3. The case is REMANDED to the Commissioner for further review consistent with the Report and Recommendation and the accompanying Memorandum Opinion pursuant to the fourth sentence of 42 U.S.C. § 405(g).

It is so ORDERED. .

BY THE COURT:

Cynthia M. Rufe

20110926

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