Flagg v. Colvin, No. 5:2012cv00644 - Document 19 (N.D.N.Y 2013)
Court Description: DECISION & ORDER accepting and adopting # 18 Report and Recommendation of Magistrate Judge Bianchini; denying the Commissioner's motion for judgment on the pleadings (Dkt. No. 16 ); granting Plaintiff's motion for judgment on the pleading s (Dkt. No. 11 ); vacating the Commissioner's decision denying disability benefits and REMANDING this matter to the Commissioner of Social Security for further proceedings pursuant to sentence four of 42 U.S.C. 405(g). Signed by Judge Glenn T. Suddaby on 8/22/13. (lmw)
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UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK ____________________________________ WALLACE FLAGG, JR., Plaintiff, 5:12-CV-0644 (GTS/VEB) v. CAROLYN W. COLVIN, Acting Comm r of Soc. Sec., Defendant. ____________________________________ APPEARANCES: OF COUNSEL: OLINSKY LAW GROUP Counsel for Plaintiff 300 South State Street, Suite 520 Syracuse, NY 13202 KAREN S. SOUTHWICK, ESQ. TANISHA T. BRAMWELL, ESQ. SOCIAL SECURITY ADMINISTRATION OFFICE OF REG L GEN. COUNSEL Counsel for Defendant 26 Federal Plaza, Room 3904 New York, NY 10278 AMANDA J. LOCKSHIN, ESQ. REBECCA H. ESTELLE, ESQ. 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 Victor E. Bianchini, filed on June 25, 2013, recommending that (1) the Commissioner s motion for judgment on the pleadings be denied, (2) Plaintiff s motion for judgment on the pleadings be granted, (3) the Commissioner s decision denying disability benefits be vacated, and (4) the case be remanded to the Commissioner for further proceedings pursuant to sentence four of 42 U.S.C. § 405(g). (Dkt. No. 18.) Objections to the ReportRecommendation 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 Report-Recommendation is accepted and adopted in its entirety; the Commissioner s motion for judgment on the pleadings is denied; Plaintiff s motion for judgment on the pleadings is granted; the Commissioner s decision denying disability benefits is vacated; and the case is remanded to the Commissioner 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. 18) is ACCEPTED and ADOPTED in its entirety; and it is further ORDERED the Commissioner s motion for judgment on the pleadings (Dkt. No. 16) is DENIED; and it is further ORDERED that Plaintiff s motion for judgment on the pleadings (Dkt. No. 11) is GRANTED; and it is further ORDERED that the Commissioner s decision denying disability benefits is VACATED; and it is further ORDERED that this matter is REMANDED to the Commissioner of Social Security for further proceedings pursuant to sentence four of 42 U.S.C. § 405(g). Dated: August 22, 2013 Syracuse, New York 2
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