Hutson v. Commissioner of Social Security, No. 5:2021cv00767 - Document 17 (N.D.N.Y 2022)

Court Description: DECISION AND ORDER that Magistrate Judge Hummel's Report-Recommendation (Dkt. No. 16 ) is ACCEPTED and ADOPTED in its entirety. The Commissioner's decision denying Plaintiff's application for disability insurance benefits is REVERSED, and this matter is REMANDED to the Commissioner for further proceedings. Signed by U.S. District Judge Glenn T. Suddaby on 9/12/2022. (sal)

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Hutson v. Commissioner of Social Security Doc. 17 Case 5:21-cv-00767-GTS-CFH Document 17 Filed 09/12/22 Page 1 of 2 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK _______________________________________________ CYNTHIA ANN H., Plaintiff, 5:21-CV-0767 (GTS/CFH) v. COMMISSIONER OF SOCIAL SECURITY, Defendant. _______________________________________________ APPEARANCES: OF COUNSEL: OLINSKY LAW GROUP Counsel for Plaintiff 250 South Clinton Street, Suite 210 Syracuse, New York 13202 HOWARD D. OLINSKY, ESQ. SOCIAL SECURITY ADMINISTRATION Counsel for Defendant J.F.K. Federal Building 15 New Sudbury Street, Room 625 Boston, Massachusetts 02203 JESSICA RICHARDS, ESQ. GLENN T. SUDDABY, United States District Judge DECISION and ORDER The above-captioned matter comes to this Court following a Report-Recommendation by United States Magistrate Judge Christian F. Hummel, filed on August 10, 2022, recommending that the decision of the Commissioner of Social Security (“Commissioner” or “Defendant”) denying the application of Cynthia Ann H. (“Plaintiff”) for disability insurance benefits be reversed and this matter be remanded for further proceedings. (Dkt. No. 16.) 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 Dockets.Justia.com Case 5:21-cv-00767-GTS-CFH Document 17 Filed 09/12/22 Page 2 of 2 Judge Hummel’s thorough Report-Recommendation, the Court can find no error in the ReportRecommendation, clear or otherwise. As a result, the Report-Recommendation is accepted and adopted in its entirety for the reasons set forth therein. (Dkt. No. 16.) The Commissioner’s decision denying Plaintiff’s application for disability insurance benefits is reversed and this matter is remanded for further proceedings. ACCORDINGLY, it is ORDERED that Magistrate Judge Hummel’s Report-Recommendation (Dkt. No. 16) is ACCEPTED and ADOPTED in its entirety; and it is further ORDERED that the Commissioner’s decision denying Plaintiff’s application for disability insurance benefits is REVERSED, and this matter is REMANDED to the Commissioner for further proceedings. Dated: September 12, 2022 Syracuse, New York 2

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