Hyer v. Colvin, No. 3:2012cv00054 - Document 19 (N.D.N.Y 2013)
Court Description: DECISION & ORDER that the 18 Report and Recommendation of Magistrate Judge Peebles is ACCEPTED and ADOPTED in it entirety; the Commissioner's 16 motion for judgment on the pleadings is DENIED; pltf's 13 motion for judgment on the plea dings is GRANTED; the Commissioner's decision denying disability benefits is VACATED; and this matter is REMANDED to the Commissioner of Social Security for further proceedings pursuant to sentence four of 42 U.S.C. 405(g). Signed by Judge Glenn T. Suddaby on 3/22/2013. (see)
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UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK _____________________________________________ TANYA HYER, Plaintiff, 3:12-CV-0054 (GTS/DEP) v. CAROLYN W. COLVIN, Acting Comm r of Soc. Sec., Defendant. _____________________________________________ APPEARANCES: OF COUNSEL: LACHMAN & GROTON Counsel for Plaintiff P.O. Box 89 1500 East Main Street Endicott, NY 13761-0089 PETER A. GROTON, ESQ. SOCIAL SECURITY ADMINISTRATION OFFICE OF REG L GEN. COUNSEL REGION II Counsel for Defendant 26 Federal Plaza, Room 3904 New York, NY 10278 REBECCA H. ESTELLE, ESQ. 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 David E. Peebles, filed on February 27, 2013, 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 vacated, 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. 18.) Objections to the ReportRecommendation have not been filed, and the time in which to do so has expired. (See generally Docket Sheet.) After carefully reviewing all of the papers herein, including Magistrate Judge Peebles thorough Report-Recommendation, the Court can find no error in the ReportRecommendation, 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 vacated; 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 Peebles Report-Recommendation (Dkt. No. 18) is ACCEPTED and ADOPTED in its entirety; and it is further ORDERED that the Commissioner s motion for judgment on the pleadings (Dkt. No. 16) is DENIED; and it is further ORDERED that Plaintiff s motion for judgment on the pleadings (Dkt. No. 13) is GRANTED; and it is further ORDERED that the Commissioner s decision denying disability benefits is VACATED; 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: March 22, 2013 Syracuse, New York 2
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