Titus v. Astrue, No. 3:2009cv00093 - Document 13 (N.D.N.Y 2010)

Court Description: DECISION AND ORDER the 12 Report and Recommendations of Judge Bianchini is accepted and adopted in its entirety. The Commissioners motion for judgment on the pleadings 6 9 is denied. The plaintiff's motion for judgment on the pleadings [1 ] 8 is granted. The Commissioners decision denying disability is reversed. This matter is remanded to the Commissioner of Social Security for further proceedings pursuant to sentence four of 42 USC 405(g). Signed by Judge Glenn T. Suddaby on 8/20/10. (mnm)

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Titus v. Astrue Doc. 13 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK _______________________________________________ CHERYL L. TITUS, Plaintiff, 3:09-CV-0093 (GTS/VEB) -vsCOMMISSIONER OF SOCIAL SECURITY, Defendant. _______________________________________________ APPEARANCES: OF COUNSEL: HINMAN, HOWARD & KATTELL, LLP Counsel for Plaintiff P.O. Box 5250 80 Exchange Street 700 Security Mutual Building Binghamton, NY 13902 EUGENE D. FAUGHNAN, ESQ. SOCIAL SECURITY ADMINISTRATION ANDREEA L. LECHLEITNER, ESQ. OFFICE OF REGIONAL GENERAL COUNSEL SHEENA V. WILLIAMS-BARR, ESQ. Counsel for Defendant 26 Federal Plaza, Room 3904 New York, NY 10278 HON. GLENN T. SUDDABY, United States District Judge DECISION and ORDER The above matter comes to this Court following a Report-Recommendation by United States Magistrate Judge Victor E. Bianchini, filed on July 6, 2010, recommending that (1) the Commissioner s motion for judgment on the pleadings be denied, (2) Plaintiff s motion for judgment on the pleadings be granted, (3) the Commissioner s decision denying disability benefits be reversed, and (4) the case be remanded to the Commissioner for further proceedings pursuant to sentence four of 42 U.S.C. § 405(g). (Dkt. No. 12.) Objections to the ReportRecommendation have not been filed and the time in which to do so has expired. After carefully Dockets.Justia.com reviewing all of the papers herein, including Magistrate Judge Bianchini s thorough ReportRecommendation, the Court can find no error in the Report-Recommendation, clear or otherwise. As a result, the Report-Recommendation is accepted and adopted in its entirety; the Commissioner s motion for judgment on the pleadings is denied; Plaintiff s motion for judgment on the pleadings is granted; the Commissioner s decision denying disability benefits is reversed; and the case is remanded to the Commissioner for further proceedings pursuant to sentence four of 42 U.S.C. § 405(g). ACCORDINGLY, it is ORDERED that Magistrate Judge Bianchini s Report-Recommendation (Dkt. No. 12) is ACCEPTED and ADOPTED in its entirety; and it is further ORDERED the Commissioner s motion for judgment on the pleadings (Dkt. Nos. 6, 9) is DENIED; and it is further ORDERED that Plaintiff s motion for judgment on the pleadings (Dkt. Nos. 1, 8) is GRANTED; and it is further ORDERED that the Commissioner s decision denying disability benefits is REVERSED; and it is further ORDERED that this matter is REMANDED to the Commissioner of Social Security for further proceedings pursuant to sentence four of 42 U.S.C. § 405(g). Dated: August 20, 2010 Syracuse, New York 2

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