Van Valkenberg v. Astrue, No. 1:2008cv00959 - Document 31 (N.D.N.Y 2010)
Court Description: DECISION & ORDER: accepting and adopting in whole the 30 Report and Recommendation of Magistrate Judge Bianchini; that the Commissioners 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. Section 405(g). Signed by Judge David N. Hurd on 6/10/2010. (see)
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UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK -------------------------------KRISTINE VanVALKENBERG, on Behalf of B.G., Plaintiff, vs 1:08-CV-959 MICHAEL J. ASTRUE, Commissioner of Social Security, Defendant. --------------------------------APPEARANCES: OF COUNSEL: IRWIN M. PORTNOY & ASSOCIATES, PC Attorneys for Plaintiff 542 Union Avenue New Windsor, NY 12550 SOCIAL SECURITY ADMINISTRATION OFFICE OF REGIONAL GENERAL COUNSEL Region II 26 Federal Plaza - Room 3904 New York, NY 10278 KAREN G. FISZER, ESQ. ROBERT R. SCHRIVER, ESQ. DAVID N. HURD United States District Judge DECISION and ORDER Plaintiff, Kristine VanValkenberg, on behalf of B.G., filed this action in September 2008, seeking judicial review of a final decision of the Commissioner of Social Security ( Commissioner ) denying her application for child s supplemental security income ( SSI ). By Report-Recommendation dated May 27, 2010, 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. Section 405(g). However, th the Magistrate Judge denied plaintiff s motion to remand pursuant to sentence six of 42 U.S.C. ยง 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 recommendation and pursuant to sentence four of 42 U.S.C. Section 405(g). IT IS SO ORDERED. Dated: June 10, 2010 Utica, New York. - 2 -
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