Blinkovitch v. Colvin, No. 3:2015cv01196 - Document 17 (N.D.N.Y 2017)

Court Description: DECISION AND ORDER accepting and adopting # 16 Magistrate Judge Carter's Report and Recommendation in its entirety. Plaintiff's # 11 motion for judgment on the pleadings is granted, Defendant's # 14 motion for judgment on the plea dings is denied, the Commissioner's decision denying Plaintiff Social Security benefits is REVERSED, and this matter is REMANDED to the Commissioner of Social Security for further proceedings under sentence four of 42 U.S.C. § 405(g). Signed by Chief Judge Glenn T. Suddaby on 2/28/17. (lmw)
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Blinkovitch v. Colvin Doc. 17 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK ________________________________________ RONALD BLINKOVITCH, Plaintiff, 3:15-CV-1196 (GTS/WBC) v. COMMISSIONER OF SOCIAL SECURITY, Defendant. ________________________________________ APPEARANCES: OF COUNSEL: LACHMAN & GORTON Counsel for Plaintiff P.O. Box 89 1500 East Main Street Endicott, New York 13761 PETER A. GORTON, ESQ. SOCIAL SECURITY ADMINISTRATION EMILY M. FISHMAN, ESQ. OFFICE OF REG’L GEN. COUNSEL–REGION II Counsel for Defendant 26 Federal Plaza, Room 3904 New York, New York 10278 GLENN T. SUDDABY, Chief United States District Judge DECISION and ORDER Currently before the Court, in this Social Security action filed by Ronald Blinkovitch (“Plaintiff”) against the Commissioner of Social Security (“Defendant” or “the Commissioner”), is the Report-Recommendation of United States Magistrate Judge William B. Mitchell Carter recommending that Plaintiff’s motion for judgment on the pleadings be granted, Defendant’s motion for judgment on the pleadings be denied, the Commissioner’s decision denying Plaintiff Social Security benefits be reversed, and this matter be remanded to the Commissioner of Social Security for further proceedings under sentence four of 42 U.S.C. § 405(g). (Dkt. No. 16.) Dockets.Justia.com Objections to the Report-Recommendation 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 in this action, including Magistrate Judge Carter’s thorough Report-Recommendation, the Court can find no clear error in the ReportRecommendation.1 Magistrate Judge Carter employed the proper legal standards, accurately recited the facts, and correctly applied the law to those facts. (Dkt. No. 16.) As a result, the Report-Recommendation is accepted and adopted in its entirety; Plaintiff’s motion for judgment on the pleadings is granted; Defendant’s motion for judgment on the pleadings is denied; the Commissioner’s decision denying disability insurance benefits is reversed; and this matter is remanded to the Commissioner of Social Security for further proceedings under sentence four of 42 U.S.C. § 405(g). ACCORDINGLY, it is ORDERED that Magistrate Judge Carter’s Report-Recommendation (Dkt. No. 16) is ACCEPTED and ADOPTED in its entirety; and it is further ORDERED that Plaintiff’s motion for judgment on the pleadings (Dkt. No. 11) is GRANTED, Defendant’s motion for judgment on the pleadings (Dkt. No. 14) is DENIED, the Commissioner’s decision denying Plaintiff Social Security benefits is REVERSED, and this 1 When no objection is made to a report-recommendation, the Court subjects that report-recommendation to only a “clear error” review. Fed. R. Civ. P. 72(b), Advisory Committee Notes: 1983 Addition. When performing such a clear error review, “the court need only satisfy itself that there is no clear error on the face of the record in order to accept the recommendation.” Id.; see also Batista v. Walker, 94-CV-2826, 1995 WL 453299, at *1 (S.D.N.Y. July 31, 1995) (Sotomayor, J.) (“I am permitted to adopt those sections of [a magistrate judge’s] report to which no specific objection is made, so long as those sections are not facially erroneous.”) (internal quotation marks omitted). 2 matter is REMANDED to the Commissioner of Social Security for further proceedings under sentence four of 42 U.S.C. § 405(g). Dated: February 28, 2017 Syracuse, New York ____________________________________ HON. GLENN T. SUDDABY Chief United States District Judge 3