Amrod v. Commissioner of Social Security, No. 5:2008cv00464 - Document 18 (N.D.N.Y 2010)
Court Description: DECISION & ORDER: accepting and adopting Magistrate Judge Peebles' 17 Report and Recommendation; that pltf's motion for judgment on the pleadings is GRANTED; The Commissioner's determination of no disability is VACATED; and the matter is REMANDED to the Agency for further proceedings in accordance with the Report-Recommendation. Signed by Judge David N. Hurd on 1/5/2010. (see)
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UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK -------------------------------DAVID AMROD, Plaintiff, vs 5:08-CV-464 COMMISSIONER OF SOCIAL SECURITY, Defendant. --------------------------------APPEARANCES: OF COUNSEL: LEGAL SERVICES OF CENTRAL NEW YORK Attorneys for Plaintiff 472 South Salina Street Suite 3000 Syracuse, New York 13202 CHRISTOPHER CADIN, ESQ. HON. ANDREW T. BAXTER United States Attorney for the Northern District of New York P. O. Box 7198 100 South Clinton Street Syracuse, New York 13261-5165 SOCIAL SECURITY ADMINISTRATION OFFICE OF REGIONAL GENERAL COUNSEL Region II 26 Federal Plaza - Room 3904 New York, NY 10278 SANDRA GROSSFIELD, ESQ. Special Assistant U.S. Attorney MARY ANN SLOAN, ESQ. Chief Counsel, Region II DAVID N. HURD United States District Judge DECISION and ORDER Plaintiff filed this action in April 2008, seeking judicial review of a final decision of the Commissioner of Social Security ( Commissioner ) denying his application for disability insurance benefits ( DIB ) and Supplemental Security Income ( SSI ). By Report- Recommendation dated November 6, 2009, the Honorable David E. Peebles, United States Magistrate Judge, recommended that the plaintiff s motion for judgment on the pleadings be granted, the Commissioner s determination of no disability be vacated, and the matter be remanded to the Agency for further consideration. No objections have been filed. Based upon a careful review of the entire file and the recommendations of Magistrate Judge Peebles, the Report-Recommendation is accepted and adopted in whole. See 28 U.S.C. 636(b)(1). Accordingly, it is ORDERED that 1. The plaintiff s motion for judgment on the pleadings is GRANTED; 2. The Commissioner s determination of no disability is VACATED; and 3. This matter is REMANDED to the Agency for further proceedings in accordance with the Report-Recommendation. IT IS SO ORDERED. Dated: January 5, 2010 Utica, New York. - 2 -
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