Tanner v. Colvin, No. 5:2015cv00577 - Document 25 (N.D.N.Y 2016)
Court Description: DECISION AND ORDER: It is ORDERED that the # 24 Report-Recommendation of U.S. Magistrate Judge Andrew T. Baxter is ADOPTED for the reasons stated herein. It is further ORDERED that the decision of the Commissioner is REVERSED, and this case is REMA NDED, pursuant to sentence four of 42 U.S.C. § 405(g), for a proper determination of plaintiff's residual functional capacity to perform past work and other further proceedings, consistent with Magistrate Judge Baxter's Report and Recommendation. Signed by Senior Judge Thomas J. McAvoy on 6/7/2016. (mc)
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Tanner v. Colvin Doc. 25 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK ________________________________________ KIMBERLY TANNER, Plaintiff, v. 5:15-CV-577 (TJM/ATB) COMMISSIONER OF SOCIAL SECURITY, Defendant. _________________________________________ THOMAS J. McAVOY, Senior United States District Judge DECISION & ORDER This matter was referred to the Hon. Andrew T. Baxter, United States Magistrate Judge, for a Report and Recommendation pursuant to 28 U.S.C. § 636(b) and Rule 72.3(d) of the Local Rules of the Northern District of New York. In a Report and Recommendation dated May 11, 2016, Magistrate Judge Baxter recommends that the decision of the Commissioner be reversed and the matter remanded for further proceedings. No objections to the Report and Recommendation have been lodged and the time for filing objections has expired. CONCLUSION After examining the record, this Court has determined that the Report and Recommendation is not subject to attack for plain error or manifest injustice. Therefore, the Court ADOPTS the Report and Recommendation [dkt. # 24] for the reasons stated therein. The decision of the Commissioner is REVERSED, and this case is REMANDED, 1 Dockets.Justia.com pursuant to sentence four of 42 U.S.C. § 405(g), for a proper determination of plaintiff’s residual functional capacity to perform past work and other further proceedings, consistent with Magistrate Judge Baxter’s Report and Recommendation. IT IS SO ORDERED. Dated:June 7, 2016 2
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