Absalon v. Commissioner of Social Security, No. 7:2006cv00709 - Document 13 (N.D.N.Y 2009)
Court Description: DECISION & ORDER: accepting in whole the 12 Report and Recommendations of Magistrate Judge Bianchini; that the deft's motion for judgment on the pleadings is DENIED; the Commissioner's finding of no disability is REVERSED; and the case is REMANDED to the Commissioner pursuant to sentence 4 of 42 U.S.C. 405(g) for further administrative proceedings consistent w/the Magistrate Judge's Report & Recommendation. Signed by Judge David N. Hurd on 4/16/2009. (see)
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UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK -------------------------------MANDI ABSALON Plaintiff, vs 7:06-CV-709 COMMISSIONER OF SOCIAL SECURITY, Defendant. -------------------------------APPEARANCES: OF COUNSEL: CONBOY, McKAY LAW FIRM - CARTHAGE OFFICE 307 State Street Carthage, NY 13619 LAWRENCE D. HASSELER, ESQ. OFFICE OF GENERAL COUNSEL Social Security Administration 26 Federal Plaza New York, NY 10278 SOMMATTIE RAMRUP, ESQ. Chief Counsel, Region II DAVID N. HURD United States District Judge DECISION and ORDER Plaintiff brought this action seeking judicial review of a determination of the Commissioner of Social Security finding that she was not disabled within the meaning of the Social Security Act. By Report and Recommendation dated March 20, 2009, the Honorable Victor E. Bianchini, United States Magistrate Judge, recommended that the defendant's motion for judgment on the pleadings be denied, the Commissioner's finding of no disability be reversed, and the case be remanded to the Commissioner pursuant to sentence four of 42 U.S.C. § 405(g). No objections were filed. Based upon a careful review of entire file and the recommendations of the Magistrate Judge, the Report-Recommendation is accepted in whole. See 28 U.S.C. 636(b)(1). Accordingly, it is ORDERED that 1. The defendant's motion for judgment on the pleadings is DENIED; 2. The Commissioner's finding of no disability is REVERSED; and 3. 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: April 16, 2009 Utica, New York. - 2 -
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