Royal v. Astrue, No. 5:2011cv00456 - Document 19 (N.D.N.Y 2012)

Court Description: DECISION & ORDER accepting and adopting # 18 Magistrate Judge Hines' Report and Recommendation in its entirety; denying Defendant's Defendant's motion for judgment on the pleadings (Dkt. No. 15); granting Plaintiff's motion for judgment on the pleadings (Dkt. No. 13); and it is further ORDERED that Defendant's decision denying disability benefits is REVERSED and this matter is REMANDED to Defendant for further proceedings pursuant to sentence four of 42 U.S.C. § 405(g). Signed by Judge Glenn T. Suddaby on 11/7/12. (lmw)

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UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK _______________________________________ MICHELE ROYAL, Plaintiff, 5:11-CV-0456 (GTS/ESH) v. MICHAEL J. ASTRUE, Commissioner of the Social Security Administration, Defendant. _______________________________________ APPEARANCES: OF COUNSEL: OLINSKY LAW GROUP Counsel for Plaintiff 300 South State Street 5th Floor, Suite 520 Syracuse, New York 13202 HOWARD D. OLINSKY, ESQ. SOCIAL SECURITY ADMINISTRATION OFFICE OF REGIONAL GENERAL COUNSEL Counsel for Defendant 26 Federal Plaza, Room 3904 New York, New York 10278 SIXTINA FERNANDEZ, ESQ. Special Assistant U.S. Attorney 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 Earl S. Hines, filed on October 2, 2012, recommending that (1) Defendant s motion for judgment on the pleadings be denied, (2) Plaintiff s motion for judgment on the pleadings be granted, (3) Defendant s decision denying disability benefits be reversed, and the case be remanded to Defendant for further proceedings pursuant to sentence four of 42 U.S.C. § 405(g). (Dkt. No. 18.) Objections to the Report-Recommendation have not been filed and the time in which to do so has expired. After carefully reviewing all of the papers herein, including Magistrate Judge Hines thorough Report-Recommendation, the Court can find no error in the Report-Recommendation, clear or otherwise. As a result, the ReportRecommendation is accepted and adopted in its entirety; Defendant s motion for judgment on the pleadings is denied; Plaintiff s motion for judgment on the pleadings is granted; Defendant s decision denying disability benefits is reversed; and the case is remanded to Defendant for further proceedings pursuant to sentence four of 42 U.S.C. § 405(g). ACCORDINGLY, it is ORDERED that Magistrate Judge Hines Report-Recommendation (Dkt. No. 22) is ACCEPTED and ADOPTED in its entirety; and it is further ORDERED Defendant s motion for judgment on the pleadings (Dkt. No. 15) 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 Defendant s decision denying disability benefits is REVERSED; and it is further ORDERED that this matter is REMANDED to Defendant for further proceedings pursuant to sentence four of 42 U.S.C. § 405(g). Dated: November 7, 2012 Syracuse, New York 2

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