Damiano v. Astrue, No. 1:2008cv01247 - Document 13 (N.D.N.Y 2010)

Court Description: DECISION & ORDER: adopting the # 12 Report and Recommendations of Magistrate Judge George H. Lowe in its entirety, therefore the decision of the Commissioner of Social Security is REVERSED, and the Commissioner's determination of no disability is VACATED and the matter is REMANDED to the agency for further consideration. Signed by Senior Judge Frederick J. Scullin, Jr on 6/25/2010. (jmb)

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UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK CLIFFORD DAMIANO, Plaintiff, v. 1:08-CV-1247 (FJS/GHL) MICHAEL J. ASTRUE, in his official capacity as COMMISSIONER OF THE SOCIAL SECURITY ADMINISTRATION, Defendant. APPEARANCES: OF COUNSEL: LEGAL AID SOCIETY OF NORTHEASTERN NEW YORK Counsel for Plaintiff 112 Spring Street, Suite 109 Saratoga Springs, NY 12866 MARY MARTHA WASHINGTON, ESQ. SOCIAL SECURITY ADMINISTRATION Office of Regional General Counsel - Region II Counsel for Defendant 26 Federal Plaza - Room 3904 New York, New York 10278 VERNON NORWOOD, ESQ. Special Assistant U.S. Attorney FREDERICK J. SCULLIN, S.D.J.: DECISION AND ORDER Presently before the Court is Magistrate Judge George H. Lowe s June 7, 2010 Report and Recommendation in which he recommends that the decision of the Commissioner of Social Security be remanded to the agency for further consideration, and the Court having reviewed the Report and Recommendation and the entire file in this matter and no objections to said Report and Recommendation having been filed, the Court hereby ORDERS that the Report-Recommendation filed by Magistrate Judge George H. Lowe on June 7, 2010 is, for the reasons stated therein, accepted in its entirety; and the Court further ORDERS that the decision of the Commissioner of Social Security is VACATED and the matter is REMANDED to the agency for further consideration. IT IS SO ORDERED. Dated: June 25, 2010 Syracuse, New York

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