Hazlewood v. Astrue, No. 6:2012cv00798 - Document 16 (N.D.N.Y 2013)

Court Description: DECISION AND ORDER adopting 15 Report and Recommendations. ORDERED that the Commissioner's decision is VACATED and the matter is REMANDED pursuant to sentence four of 42 U.S.C. 405(g) for a further analysis of plaintiff's ability to perform her prior work, consistent with the Report-Recommendation. Signed by Judge David N. Hurd on 8/6/2013. (dpk)

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Hazlewood v. Astrue Doc. 16 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK -------------------------------BECKY L. HAZLEWOOD, Plaintiff, -v- 6:12-CV-798 COMMISSIONER OF SOCIAL SECURITY, Defendant. -------------------------------APPEARANCES: OF COUNSEL: OFFICE OF PETER W. ANTONOWICZ Attorney for Plaintiff 148 West Dominick Street Rome, NY 13440 PETER W. ANTONOWICZ, ESQ. OFFICE OF REGIONAL GENERAL COUNSEL Attorneys for Defendant Social Security Administration Region II 26 Federal Plaza, Room 3904 New York, NY 10278 ANDREEA L. LECHLEITNER, ESQ. DAVID N. HURD United States District Judge DECISION and ORDER Plaintiff Becky L. Hazlewood filed this action seeking judicial review of a final decision of the Commissioner of Social Security denying her application for Social Security Disability Benefits and Supplemental Security Income. By Report-Recommendation dated May 7, 2013, the Honorable Andrew T. Baxter, United States Magistrate Judge, recommended that Dockets.Justia.com the decision of the Commissioner be reversed and the case remanded pursuant to sentence four of 42 U.S.C. § 405(g) for a further analysis of plaintiff's ability to perform her prior work. No objections to the Report-Recommendation were filed. Based upon a careful review of the entire file and the recommendations of the Magistrate Judge, the Report-Recommendation is accepted in whole. See 28 U.S.C. § 636(b)(1). Accordingly, it is ORDERED that The Commissioner's decision is VACATED and the matter is REMANDED pursuant to sentence four of 42 U.S.C. § 405(g) for a further analysis of plaintiff's ability to perform her prior work, consistent with the Report-Recommendation. IT IS SO ORDERED. Dated: August 6, 2013 Utica, New York. -2-

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