Summary
remanding for further proceedings where "[t]he ALJ failed to reconcile the teacher's findings with other, more positive evidence in the educational records, upon which the ALJ selectively relied"
Summary of this case from Vazquez ex rel. J.V. v. ColvinOpinion
5:10-CV-097.
December 20, 2010
DECISION and ORDER
This matter was referred to the Hon. Andrew T. Baxter, United States Magistrate Judge, for a Report and Recommendation pursuant to 28 U.S.C. § 636(b) and Rule 72.3(d) of the Local Rules of the Northern District of New York. No objections to the December 2, 2010 Report-Recommendation have been raised. After examining the record, this Court has determined that the Report-Recommendation is not subject to attack for plain error or manifest injustice. Accordingly, this Court adopts the Report-Recommendation and Order for the reasons stated therein.
The Defendant's decision denying benefits is hereby REVERSED and the case is REMANDED to the Commissioner pursuant to sentence four of 42 U.S.C. § 405(g) for further administrative proceedings consistent with the Magistrate Judge's Report and Recommendation.
IT IS SO ORDERED.
Dated: December 20, 2010