Harris v. Colvin, No. 5:2011cv01497 - Document 26 (N.D.N.Y 2013)
Court Description: DECISION AND ORDER, that the 25 Report and Recommendations is accepted in whole; and it is further ORDERED, that Commissioner's motion is DENIED; plaintiff's motion is GRANTED; and the decision of the Commissioner is REVERSED and this case is REMANDED to the Commissioner pursuant to Sentence 4 of 42 U.S.C. Sec. 405(g) for further administrative proceedings consistent with the Report-Recommendation. Signed by Judge David N. Hurd on 9/18/2013. (sg )
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UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK -------------------------------ARTEISHA HARRIS, Plaintiff, -v- 11-CV-1497 CAROLYN W. COLVIN, Acting Commissioner of Social Security, Defendant. -------------------------------APPEARANCES: OF COUNSEL: OLINSKY LAW GROUP Attorneys for Plaintiff 300 S. State Street Suite 420 Syracuse, NY 13202 BRANDON W. SAWYER, ESQ. OFFICE OF REGIONAL GENERAL COUNSEL Attorneys for Defendant Social Security Administration Region II 26 Federal Plaza, Room 3904 New York, NY 10278 VERNON NORWOOD, ESQ. HOWARD D. OLINSKY, ESQ. DAVID N. HURD United States District Judge DECISION and ORDER Plaintiff Arteisha Harris filed this action seeking judicial review of a final decision of the Commissioner of Social Security denying her application for child's insurance benefits and Supplemental Security Income benefits under the Social Security Act. By ReportRecommendation dated May 2, 2013, the Honorable Victor E. Bianchini, United States Magistrate Judge, recommended that the Commissioner's motion for judgment on the pleadings be denied, plaintiff's motion be granted, and this case be remanded for further proceedings. 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 motion is DENIED; 2. Plaintiff's motion is GRANTED; and 3. The decision of the Commissioner is REVERSED, and this case is REMANDED to the Commissioner pursuant to sentence four of 42 U.S.C. § 405 (g) for further administrative proceedings consistent with this Report-Recommendation. IT IS SO ORDERED. Dated: September 18, 2013 Utica, New York. -2-
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