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Lanum v. Astrue

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA


March 17, 2009

WANDA LANUM PLAINTIFF,
v.
MICHAEL J. ASTRUE, COMMISSIONER OF SOCIAL SECURITY ADMINISTRATION, DEFENDANT.

The opinion of the court was delivered by: Hon. Jeffrey T. Miller United States District Judge

ORDER ADOPTING REPORT AND RECOMMENDATION

Having carefully considered Magistrate Judge Cathy Ann Bencivengo's thorough and thoughtful Report and Recommendation ("R & R") regarding the recommendation to grant Plaintiff's motion for summary judgment, to deny Defendant's motion for summary judgment, and to remand the case to the Social Security Administration for a calculation of benefits; the record before the court; the absence of any objections to the R & R; and applicable authorities, the court adopts the R & R in its entirety.

In sum, the R & R is adopted in its entirety and the court grants Plaintiff's motion for summary judgment, denies Defendant's motion for summary judgment, and remands the case to the Social Security Administration for a calculation of benefits. The Clerk is instructed to close the file.

IT IS SO ORDERED.

20090317

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