Smith v. Astrue, No. 3:2008cv01341 - Document 24 (N.D.N.Y 2010)
Court Description: DECISION & ORDER accepting & adopting in whole the 23 Report and Recommendations of Magistrate Judge Bianchini; the decision of the Commissioner is REVERSED; the case is REMANDED to the Commissioner for further administrative proceedings consistent with the Report & Recommendation and pursuant to sentence four of 42 U.S.C. 405(g). Signed by Judge David N. Hurd on 7/7/2010. (see)
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Smith v. Astrue Doc. 24 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK -------------------------------ELAINE M. SMITH, Plaintiff, vs 3:08-CV-1341 MICHAEL J. ASTRUE, Commissioner of Social Security Administration, Defendant. --------------------------------APPEARANCES: OF COUNSEL: JONATHAN P. FOSTER, ESQ. Attorney for Plaintiff 407 South Main Street Athens, PA 18810 SOCIAL SECURITY ADMINISTRATION OFFICE OF REGIONAL GENERAL COUNSEL Region II 26 Federal Plaza - Room 3904 New York, NY 10278 SANDRA M. GROSSFELD, ESQ. DAVID N. HURD United States District Judge DECISION and ORDER Plaintiff, Elaine M. Smith, filed this action in December 2008, seeking judicial review of the Commissioner s decision pursuant to 42 U.S.C. §§ 405(g) and 1383(c)(3). By ReportRecommendation dated June 21, 2010, the Honorable Victor E. Bianchini, United States Magistrate Judge, recommended that the decision of the Commissioner be reversed and that the case be remanded to the Commissioner pursuant to sentence four of 42 U.S.C. § 405(g) for further administrative proceedings consistent with the Report and Recommendation. No objections have been filed. Dockets.Justia.com 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 1. The decision of the Commissioner is REVERSED; 2. The case is REMANDED to the Commissioner for further administrative proceedings consistent with the Report and Recommendation and pursuant to sentence four of 42 U.S.C. Section 405(g). IT IS SO ORDERED. Dated: July 7, 2010 Utica, New York. - 2 -
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