Becker v. Commissioner of Social Security, No. 1:2008cv00192 - Document 14 (N.D.N.Y 2009)

Court Description: DECISION AND ORDER adopting 13 Report and Recommendations and REMANDING for further proceedings. Signed by Judge David N. Hurd on 9/9/09. (cbm )

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UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK -------------------------------KAREN BECKER, Plaintiff, vs 1:08-CV-192 COMMISSIONER OF SOCIAL SECURITY, Defendant. --------------------------------APPEARANCES: OF COUNSEL: PETER M. MARGOLIUS, ESQ. Attorney for Plaintiff 7 Howard Street Catskill, New York 12414 SOCIAL SECURITY ADMINISTRATION OFFICE OF REGIONAL GENERAL COUNSEL Region II SOMMATTIE RAMRUP, ESQ. 26 Federal Plaza - Room 3904 New York, NY 10278 DAVID N. HURD United States District Judge DECISION and ORDER Plaintiff filed this action in February 2008, seeking judicial review of a final decision of the Commissioner of Social Security ( Commissioner ) denying her application for disability insurance benefits ( DIB ) and Supplemental Security Income ( SSI ). By ReportRecommendation dated August 24, 2009, the Honorable Victor E. Bianchini, United States Magistrate Judge, recommended that the Commissioner s decision denying disability benefits be remanded for further proceedings in accordance with the Report-Recommendation and pursuant to sentence four of 42 U.S.C. § 405(g). No objections have been filed. Based upon a careful review of the entire file and the recommendations of Magistrate Judge Bianchini, the Report-Recommendation is accepted and adopted in whole. See 28 U.S.C. 636(b)(1). Accordingly, it is ORDERED that the Commissioner s decision denying disability benefits is REMANDED for further proceedings in accordance with the Report-Recommendation and pursuant to sentence four of 42 U.S.C. § 405(g). IT IS SO ORDERED. Dated: September 9, 2009 Utica, New York. - 2 -

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