Ceballos v. Commissioner of Social Security, No. 3:2014cv00659 - Document 16 (N.D.N.Y 2015)

Court Description: DECISION and ORDER: ORDERED that, The Commissioner's decision is VACATED; This matter is REMANDED to the Commissioner pursuant to sentence four of 42U.S.C. § 405 (g) for further administrative proceedings consistent with this 15 Report-Recommendation. Signed by Judge David N. Hurd on 8/26/2015. (mgh)
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Ceballos v. Commissioner of Social Security Doc. 16 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK -------------------------------TONIE CEBALLOS o/b/o A.R.C., Plaintiff, -v- 3:14-CV-0659 (DNH/TWD) CAROLYN W. COLVIN, Acting Commissioner of Social Security, Defendant. -------------------------------APPEARANCES: OF COUNSEL: COUGHLIN & GERHART, LLP Attorneys for Plaintiff P.O. Box 2039 Binghamton, NY 13902-2039 SCOT G. MILLER, ESQ. OFFICE OF REGIONAL GENERAL COUNSEL Attorneys for Defendant Social Security Administration Region II 26 Federal Plaza, Room 3904 New York, NY 10278 JOANNE PENGELLY, ESQ. DAVID N. HURD United States District Judge DECISION and ORDER Plaintiff Tonie Ceballos filed this action on behalf of her minor dependant seeking judicial review of a final decision of the Commissioner of Social Security denying her application for Supplemental Security Income benefits for her child A.R.C. under the Social Security Act. By Report-Recommendation dated June 8, 2015, the Honorable Thérèse Wiley Dockets.Justia.com Dancks, United States Magistrate Judge, recommended that the matter be remanded to the Commissioner for further proceedings consistent with the Report-Recommendation. No objections to the Report-Recommendation were filed. Based upon a careful review of the entire file and the recommendations of the Magistrate Judge, the Report-Recommendation is accepted in whole. See 28 U.S.C. § 636(b)(1). Accordingly, it is ORDERED that 1. The Commissioner's decision is VACATED; and 2. This matter is REMANDED to the Commissioner pursuant to sentence four of 42 U.S.C. § 405 (g) for further administrative proceedings consistent with this ReportRecommendation. IT IS SO ORDERED. Dated: August 26, 2015 Utica, New York. -2-