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06-1556 - SMOKER v. COMMISSIONER OF SOCIAL SECURITY


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06-1556 - SMOKER v. COMMISSIONER OF SOCIAL SECURITY
March 12, 2008
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REPORT AND RECOMMENDATION that the Motion for Summary Judgment 12 filed by Plaintiff MARSHELL SMOKER be granted. It is further recommended that the MOTION for Summary Judgment 14 filed by the COMMISSIONER OF SOCIAL SECURITY be denied, and that the decision of the Commissioner of Social Security denying an award of disability insurance benefits and supplemental security income be vacated and remanded for further proceedings consistent with this Report and Recommendation. Objections to R&R due by 3/31/2008. Signed by Judge Lisa Pupo Lenihan on 03/12/08. (vad)
April 4, 2008
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MEMORANDUM ORDER granting 12 Motion for Summary Judgment; denying 14 Motion for Summary Judgment; adopting Report and Recommendations re 17 Report and Recommendations. The decision of the Commissioner of Social Security denying an award of disability insurance benefits and supplemental security income is VACATED and REMANDED for further proceedings consistent with the Report and Recommendation. Signed by Judge Terrence F. McVerry on 4/4/2008. (kll)