Taylor v. Colvin, No. 6:2012cv01326 - Document 21 (N.D.N.Y 2014)
Court Description: DECISION & ORDER accepting and adopting in its entirety # 20 Magistrate Judge Bianchini's Report-Recommendation (Dkt. No. 20 ); the Commissioner's motion for judgment on the pleadings (Dkt. No. 17 ) is DENIED; Plaintiff's motion for judgment on the pleadings (Dkt. No. 15 ) is GRANTED; Commissioner's decision denying disability benefits is VACATED; 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). Signed by Judge Glenn T. Suddaby on 2/24/14. (lmw)
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UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK _______________________________________ REGENA MARIE TAYLOR, Plaintiff, 6:12-CV-1326 (GTS/VEB) v. CAROLYN W. COLVIN, Acting Comm r of Soc. Sec., in place of Michael Astrue, Defendant. _______________________________________ APPEARANCES: OF COUNSEL: LEGAL SERVICES OF CENTRAL NEW YORK SYRACUSE Counsel for Plaintiff 472 South State Street, Suite 300 Syracuse, New York 13202 CHRISTOPHER CADIN, ESQ. SOCIAL SECURITY ADMINISTRATION OFFICE OF REG L GEN. COUNSEL Counsel for Defendant 26 Federal Plaza, Room 3904 New York, New York 10278 KATRINA M. LEDERER, ESQ. MARIA FRAGASSI SANTANGELO, ESQ. HON. 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 Victor E. Bianchini, filed on December 7, 2013, recommending that (1) the Commissioner s motion for judgment on the pleadings be denied, (2) Plaintiff s motion for judgment on the pleadings be granted, (3) the Commissioner s decision denying Plaintiff disability benefits be vacated, and (4) the case be remanded to the Commissioner for further proceedings pursuant to sentence four of 42 U.S.C. § 405(g). (Dkt. No. 20.) Objections to the Report-Recommendation have not been filed, and the time in which to do so has expired. After carefully reviewing all of the papers herein, including Magistrate Judge Bianchini s thorough Report-Recommendation, the Court can find no error in the Report-Recommendation, clear or otherwise. As a result, the Report-Recommendation is accepted and adopted in its entirety; the Commissioner s motion for judgment on the pleadings is denied; Plaintiff s motion for judgment on the pleadings is granted; the Commissioner s decision denying disability benefits is vacated; and the case is remanded to the Commissioner for further proceedings pursuant to sentence four of 42 U.S.C. § 405(g). ACCORDINGLY, it is ORDERED that Magistrate Judge Bianchini s Report-Recommendation (Dkt. No. 20) is ACCEPTED and ADOPTED in its entirety; and it is further ORDERED the Commissioner s motion for judgment on the pleadings (Dkt. No. 17) is DENIED; and it is further ORDERED that Plaintiff s motion for judgment on the pleadings (Dkt. No. 15) is GRANTED; and it is further ORDERED that the Commissioner s decision denying disability benefits is VACATED; and it is further ORDERED that this matter is REMANDED to the Commissioner of Social Security for further proceedings pursuant to sentence four of 42 U.S.C. § 405(g). Dated: February 24, 2014 Syracuse, New York 2
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