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07-043 - Fontanez v. Barnhart


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07-043 - Fontanez v. Barnhart
December 10, 2007
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REPORT AND RECOMMENDATIONS recommending that the Commissioner's Motion for an Order Affirming the Decision of the Commissioner (Document No. 10) be DENIED and that the Plaintiff's Motion to Reverse Without a Remand for a Rehearing or, Alternatively, with a Remand for a Rehearing the Commissioner's Final Decision (Document No. 8) be GRANTED. Further recommending that the District Court enter Final Judgment in favor of Plaintiff reversing the decision of the Commissioner pursuant to sentence four of 42 U.S.C. 405(g) and remanding for additional proceedings consistent with this opinion. 8 First MOTION to Reverse Decision of the Commissioner filed by Elsa Fontanez, 10 MOTION to Affirm the Decision of the Commissioner filed by Jo Anne Barnhart Objections to R&R due by 12/24/2007. So Ordered by Magistrate Judge Lincoln D. Almond on 12/10/07. (Noel, Jeannine)
January 3, 2008
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MEMORANDUM AND ORDER ADOPTING REPORT AND RECOMMENDATIONS GRANTING 8 Motion to Reverse Decision of the Commissioner filed by Elsa Fontanez, DENYING 10 Motion to Affirm the Decision of the Commissioner filed by Jo Anne Barnhart, re 13 Report and Recommendations- So Ordered by Chief Judge Mary M Lisi on 1/2/08. (Barletta, Barbara)