Mikos v. Commissioner of Social Security, No. 5:2018cv01079 - Document 19 (N.D.N.Y 2019)
Court Description: DECISION AND ORDER that Magistrate Judge Baxter's Report-Recommendation (Dkt. No. 18 ) is ACCEPTED and ADOPTED in its entirety; and it is further ORDERED that the Commissioner's decision denying Plaintiff Social Security benefits is REVERSED, and this matter is REMANDED to the Commissioner of Social Security for further proceedings under sentence four of 42 U.S.C. § 405 (g). Signed by Chief Judge Glenn T. Suddaby on 12/18/2019. (sal )
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Mikos v. Commissioner of Social Security Doc. 19 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK __________________________________________ BENJAMIN M.,1 Plaintiff, 5:18-CV-1079 (GTS/ATB) v. COMMISSIONER OF SOCIAL SECURITY, Defendant. __________________________________________ APPEARANCES: OF COUNSEL: LAW OFFICES OF KENNETH HILLER, PLLC Counsel for Plaintiff 6000 North Bailey Avenue, Suite 1A Amherst, New York 14226 KENNETH R. HILLER, ESQ. JUSTIN M. GOLDSTEIN, ESQ. SOCIAL SECURITY ADMINISTRATION OFFICE OF REG’L GEN. COUNSEL–REGION II Counsel for Defendant 26 Federal Plaza, Room 3904 New York, New York 10278 ALEXANDER BROCHE, ESQ. DAVID L. BROWN, ESQ. GLENN T. SUDDABY, Chief United States District Judge DECISION and ORDER Currently before the Court, in the above-captioned Social Security action filed by Benjamin M. Mikos (“Plaintiff”) against the Commissioner of Social Security (“Defendant” or “Commissioner”), is the Report-Recommendation of Chief United States Magistrate Judge Andrew T. Baxter, filed on November 21, 2019, recommending that the Commissioner’s 1 In accordance with recent guidance from the Committee on Court Administration and Case Management of the Judicial Conference of the United States, which was adopted by the Northern District of New York in June 2018 in order to better protect personal and medical information of non-governmental parties, this Decision and Order will identify Plaintiff using only his first name and last initial. Dockets.Justia.com decision denying Plaintiff Social Security benefits be reversed, and this action be remanded to the Commissioner 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. (See generally Docket Sheet.) After carefully reviewing all of the papers herein, including Magistrate Judge Baxter’s thorough Report-Recommendation, the Court can find no clear error in the ReportRecommendation: Magistrate Judge Baxter employed the proper legal standards, accurately recited the facts, and correctly applied t he law to those facts. (Dkt. No. 18.) As a result, the Report-Recommendation is accepted and adopted in its entirety; the Commissioner’s decision denying Plaintiff Social Security benefits is reversed; and this matter is remanded to the Commissioner of Social Security for further proceedings pursuant to sentence four of 42 U.S.C. § 405(g). ACCORDINGLY, it is ORDERED that Magistrate Judge Baxter’s Report-Recommendation (Dkt. No. 18) is ACCEPTED and ADOPTED in its entirety; and it is further ORDERED that the Commissioner’s decision denying Plaintiff Social Security benefits is REVERSED, and this matter is REMANDED to the Commissioner of Social Security for further proceedings under sentence four of 42 U.S.C. § 405(g). Dated: December 18, 2019 Syracuse, New York 2
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