Walsh v. Colvin, No. 1:2013cv00603 - Document 20 (N.D.N.Y 2014)
Court Description: DECISION AND ORDER adopting 19 Report and Recommendations. Commissioner's 18 motion for judgment on the pleadings is denied. Pltf's 14 motion for judgment on the pleadings is granted. Commissioner's decision denying disability benefits is vacated and this matter is remanded to the Commissioner for further proceedings. Signed by Judge Glenn T. Suddaby on 9/30/14. (sfp, )
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Walsh v. Colvin Doc. 20 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK _________________________________________ REBECCA TROMBLEE WALSH, Plaintiff, 1:13-CV-0603 (GTS/ATB) -vsCAROLYN W. COLVIN, in her Official Capacity as Acting Comm r of the Soc. Sec. Admin., Defendant. _________________________________________ APPEARANCES: OF COUNSEL: LEGAL AID SOCIETY OF NORTHEASTERN NEW YORK, INC. Counsel for Plaintiff 112 Spring Street, Suite 109 Syracuse, New York 12866 STUART A. KAUFMAN, ESQ. SOCIAL SECURITY ADMINISTRATION OFFICE OF REG L GEN. COUNSEL REGION II Counsel for Defendant 26 Federal Plaza, Room 3904 New York, NY 10278 SANDRA M. GROSSFELD, ESQ. HON. GLENN T. SUDDABY, United States District Judge DECISION and ORDER The above matter comes to this Court following a Report-Recommendation by United States Magistrate Judge Andrew T. Baxter, filed on September 12, 2014, recommending that (1) the Commissioner s motion for judgment on the pleadings be denied, (2) Plaintiff s motion for judgment on the pleadings be granted, and (3) the Commissioner s decision denying disability benefits be vacated, and the case be remanded to the Commissioner for further proceedings pursuant to sentence four of 42 U.S.C. § 405(g). (Dkt. No. 19.) Objections to the ReportRecommendation have not been filed and the time in which to do so has expired. (See generally Dockets.Justia.com Docket Sheet.) After carefully reviewing all of the papers herein, including Magistrate Judge Baxter s thorough Report-Recommendation, the Court can find no clear-error in the ReportRecommendation, clear or otherwise. As a result, the Report-Recommendation is accepted and adopted in its entirety; the Commissioner s motion for judgment on the pleadings is denied; Plaintiff s motion for judgment on the pleadings is granted; the Commissioner s decision denying disability benefits is vacated; and the case is remanded to the Commissioner for further proceedings pursuant to sentence four of 42 U.S.C. § 405(g). ACCORDINGLY, it is ORDERED that Magistrate Judge Baxter s Report-Recommendation (Dkt. No. 19) is ACCEPTED and ADOPTED in its entirety; and it is further ORDERED the Commissioner s motion for judgment on the pleadings (Dkt. No. 18) is DENIED; and it is further ORDERED that Plaintiff s motion for judgment on the pleadings (Dkt. No. 14) is GRANTED; and it is further ORDERED that the Commissioner s decision denying disability benefits is VACATED; and it is further ORDERED that this matter is REMANDED to the Commissioner of Social Security for further proceedings pursuant to sentence four of 42 U.S.C. § 405(g). Dated: September 30, 2014 Syracuse, New York 2
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