Curtis v. Astrue, No. 5:2011cv00786 - Document 21 (N.D.N.Y 2012)
Court Description: DECISION & ORDER accepting and adopting # 20 Magistrate Judge Bianchini's Report and Recommendation in its entirety; that Defendant's motion for judgment on the pleadings (Dkt No. 17 ) is denied; that Plaintiff's motion for judgme nt on the pleadings (Dkt No. 13 ) is granted; 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 USC 405(g). Signed by Judge Glenn T. Suddaby on 12/7/12. (lmw)
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UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK _____________________________________ TONYA CURTIS, Plaintiff, 5:11-CV-0786 (GTS/VEB) 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 KAREN S. SOUTHWICK, ESQ. HOWARD D. OLINSKY, ESQ. SOCIAL SECURITY ADMINISTRATION OFFICE OF REG L GEN. COUNSEL Counsel for Defendant 26 Federal Plaza, Room 3904 New York, NY 10278 TOMASINA DiGRIGOLI, ESQ. HON. GLENN T. SUDDABY, United States District Judge DECISION and ORDER The above-captioned matter comes to this Court following a Report-Recommendation by United States Magistrate Judge Victor E. Bianchini, filed on October 30, 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. 20.) 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 Bianchini s 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 Bianchini s Report-Recommendation (Dkt. No. 20) is ACCEPTED and ADOPTED in its entirety; and it is further ORDERED that Defendant s motion for judgment on the pleadings (Dkt. No. 17) 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: December 7, 2012 Syracuse, New York 2
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