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06-860 - McArthur v. Commissioner of Social Security


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06-860 - McArthur v. Commissioner of Social Security
October 15, 2008
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REPORT -RECOMMENDATION AND ORDER re 1 Complaint filed by Daniel McArthur. IT IS HEREBY RECOMMENDED that the decision denying disability benefits be REVERSED, McArthur's motion for a finding of disability (Dkt 10) be GRANTED, and the Commissioner's cross-motion (Dkit. 11) be DENIED. Objections to R&R due by 10/29/2008 Case Review Deadline 11/4/2008. Signed by Magistrate Judge David R. Homer on 10/14/08. (sg)
November 7, 2008
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ORDERED, that the Report-Recommendation (Dkt. No. 13) is APPROVED and ADOPTED in its ENTIRETY; and it is further ORDERED, that the decision denying benefits is REVERSED; and it is further ORDERED, that McArthurs Motion for a finding of disability (Dkt. No. 10) is GRANTED; and it is further ORDERED, that the Commissioners cross-Motion (Dkt. No. 11) is DENIED; and it is furtherORDERED, that the Commissioner shall have 30 days from the entry of judgment to respond to McArthurs Letter Motion for attorneys fees (Dkt. No. 14). Signed by Senior Judge Lawrence E. Kahn on 11/07/08. (sas)