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07-693 - LEE v. ASTRUE

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07-693 - LEE v. ASTRUE
September 3, 2008
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MEMORANDUM OPINION AND RECOMMENDATION signed by MAG/JUDGE WALLACE W. DIXON on 9/3/2008; that the Commissioner's decision finding no disability be REVERSED, and that the matter be REMANDED to the Commissioner under sentence four of 42 U.S.C. 405(g). The Commissioner should be directed to remand the matter to the ALJ for proceedings consistent with this Recommendation. To this extent, Plaintiff's motion for judgment on the pleadings (pleading no. 10) seeking a remand of the Commissioner's decision should be GRANTED. To the extent that Plaintiff's motion seeks an immediate award of benefits, it should be DENIED. Defendant's motion for judgment on the pleadings (pleading no. 12) should be denied. (Lloyd, Donna)