Waite v. Commissioner of Social Security, No. 5:2019cv00993 - Document 15 (N.D.N.Y 2020)

Court Description: DECISION AND ORDER that Magistrate Judge Lovric's Report-Recommendation (Dkt. No. 14 ) is ACCEPTED and ADOPTED in its entirety. Plaintiff's motion for judgment on the pleadings (Dkt. No. 12 ) is GRANTED, Defendant's motion for jud gment on the pleadings (Dkt. No. 13 ) is DENIED, Defendant's decision denying Plaintiff disability benefits is VACATED, and this matter is REMANDED to Defendant, without a directed finding of disability, for further proceedings consistent with Magistrate Judge Lovric's Report-Recommendation. Signed by Chief Judge Glenn T. Suddaby on 11/3/2020. (sal )

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Waite v. Commissioner of Social Security Doc. 15 Case 5:19-cv-00993-GTS-ML Document 15 Filed 11/03/20 Page 1 of 2 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK ____________________________________________ SALLY W., on behalf of Catherine S., Deceased, Plaintiff, 5:19-CV-0993 (GTS/ML) 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. SOCIAL SECURITY ADMINISTRATION Counsel for Defendant J.F.K. Federal Building, Room 625 15 New Sudbury Street Boston, Massachusetts 02203 LUIS PERE, ESQ. GLENN T. SUDDABY, Chief United States District Judge DECISION and ORDER . The above-captioned matter comes to this Court following a Report-Recommendation by United States Magistrate Judge Miroslav Lovric, filed on September 25, 2020, recommending that Plaintiff’s motion for judgment on the pleadings be granted, that Defendant’s motion for judgment on the pleadings be denied, that Defendant’s decision denying Plaintiff disability benefits be vacated, and that this matter be remanded to Defendant, without a directed finding of disability, for further proceedings consistent with Magistrate Judge Lovric’s Report-Recommendation. (Dkt. No. 14.) Objections to the Report-Recommendation have not been filed and the time in which to do so has expired. (See generally Docket Sheet.) Dockets.Justia.com Case 5:19-cv-00993-GTS-ML Document 15 Filed 11/03/20 Page 2 of 2 After carefully reviewing all of the papers herein, including Magistrate Judge Lovric’s thorough Report-Recommendation, the Court can find no clear error in the Report-Recommendation: Magistrate Judge Lovric employed the proper legal standards, accurately recited the facts, and correctly applied the law to those facts. (Dkt. No. 14.) As a result, the Report-Recommendation is accepted and adopted in its entirety for the reasons stated therein; Plaintiff’s motion for judgment on the pleadings is granted; Defendant’s motion for judgment on the pleadings is denied; Defendant’s decision denying Plaintiff disability benefits is vacated; and this matter is remanded to Defendant, without a directed finding of disability, for further proceedings consistent with Magistrate Judge Lovric’s Report-Recommendation. ACCORDINGLY, it is ORDERED that Magistrate Judge Lovric’s Report-Recommendation (Dkt. No. 14) is ACCEPTED and ADOPTED in its entirety; and it is further ORDERED that Plaintiff’s motion for judgment on the pleadings (Dkt. No. 12) is GRANTED, Defendant’s motion for judgment on the pleadings (Dkt. No. 13) is DENIED, Defendant’s decision denying Plaintiff disability benefits is VACATED, and this matter is REMANDED to Defendant, without a directed finding of disability, for further proceedings consistent with Magistrate Judge Lovric’s Report-Recommendation. Dated: November 3, 2020 Syracuse, New York 2

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