Kuznia v. Commissioner of Social Security, No. 5:2021cv00724 - Document 24 (N.D.N.Y 2022)
Court Description: DECISION and ORDER the Order and Report-Recommendation, Dkt. No. 23 is ACCEPTED and ADOPTED. Thus it is hereby ORDERED that Plaintiff's motion for judgment on the pleadings (Dkt. No. 16 ) is GRANTED IN PART; and it is further ORDERED that Defendants motion for judgment on the pleadings (Dkt. No. 22 ) is DENIED IN PART; and it is further ORDERED that the ALJs decision denying Plaintiff disability benefits is VACATED and the case is REMA NDED pursuant to sentence four of 42 U.S.C. § 405(g) for proceedings consistent with this Decision and Order and Judge Dancks Order and Report-Recommendation. IT IS SO ORDERED. Signed by Senior Judge Thomas J. McAvoy on 9/28/2022. (egr, )
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Kuznia v. Commissioner of Social Security Doc. 24 Case 5:21-cv-00724-TJM-TWD Document 24 Filed 09/28/22 Page 1 of 2 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK ________________________________________ DONNA S. K., Plaintiff, v. 5:21-cv-724 (TJM/TWD) COMMISSIONER OF SOCIAL SECURITY, Defendant. ________________________________________ THOMAS J. McAVOY, Senior United States District Judge DECISION and ORDER This matter was referred to the Hon. Thérèse Wiley Dancks, 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 an Order and Report-Recommendation dated August 25, 2022, Judge Dancks recommends that Plaintiff’s motion for judgment on the pleadings (Dkt. No. 16), be granted in part; that Defendant’s motion for judgment on the pleadings (Dkt. No. 22) be denied in part; and that the ALJ’s decision denying Plaintiff disability benefits be vacated and the case remanded pursuant to sentence four of 42 U.S.C. § 405(g) for proceedings consistent with the Order and Report-Recommendation. Dkt. No. 23. No objections have been filed to the recommendations, and the time to do so has expired. CONCLUSION After examining the record, this Court has determined that the Order and Report- 1 Dockets.Justia.com Case 5:21-cv-00724-TJM-TWD Document 24 Filed 09/28/22 Page 2 of 2 Recommendation is not subject to attack for plain error or manifest injustice. Accordingly, the Order and Report-Recommendation, Dkt. No. 23, is ACCEPTED and ADOPTED. Thus, it is hereby ORDERED that Plaintiff’s motion for judgment on the pleadings (Dkt. No. 16) is GRANTED IN PART; and it is further ORDERED that Defendant’s motion for judgment on the pleadings (Dkt. No. 22) is DENIED IN PART; and it is further ORDERED that the ALJ’s decision denying Plaintiff disability benefits is VACATED and the case is REMANDED pursuant to sentence four of 42 U.S.C. § 405(g) for proceedings consistent with this Decision and Order and Judge Dancks’ Order and Report-Recommendation. IT IS SO ORDERED. Dated: September 28, 2022 2
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