Gregorka et al v. Commissioner of Social Security, No. 6:2013cv01408 - Document 21 (N.D.N.Y 2015)
Court Description: DECISION AND ORDER accepting and adopting # 20 Magistrate Judge Dancks' Report and Recommendation in its entirety; and the Commissioners decision is AFFIRMED with regard to the denial of SSI benefits but REVERSED with regard to the denial of D IB benefits; and this matter is REMANDED to the Commissioner for further proceedings pursuant to sentence four of 42 U.S.C. § 405(g).Signed by Judge Glenn T. Suddaby on 6/25/15. (lmw)(Copy served upon pro se plaintiffs via regular and certified mail)
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Gregorka et al v. Commissioner of Social Security Doc. 21 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK ________________________________________ LEO GREGORKA; and EVE GREGORKA, Plaintiffs, 6:13-CV-1408 (GTS/TWD) v. COMMISSIONER OF SOCIAL SECURITY, Defendant. ________________________________________ APPEARANCES: OF COUNSEL: LEO GREGORKA and EVE GREGORKA Plaintiffs, Pro Se 108 Church Street Little Falls, New York 13365 SOCIAL SECURITY ADMINISTRATION OFFICE OF REG’L GEN. COUNSEL – REGION II Counsel for Defendant 26 Federal Plaza, Room 3904 New York, NY 10278 EMILY M. FISHMAN, ESQ. GLENN T. SUDDABY, United States District Judge DECISION and ORDER The above matter comes to this Court following a Report-Recommendation by United States Magistrate Judge Thérèse Wiley Dancks, filed on May 28, 2015, recommending that the Commissioner’s decision denying benefits be affirmed with regard to Social Security income benefits (“SSI”) but reversed with regard to disability insurance benefits (“DIB”). (Dkt. No. 14.) No objections to the Report-Recommendation have been filed and the time in which to do so has expired. After carefully reviewing all of the papers herein, including Magistrate Judge Dancks’ 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 Dockets.Justia.com entirety; and the case is remanded to the Commissioner of Social Security for further proceedings pursuant to sentence four of 42 U.S.C. § 405(g). ACCORDINGLY, it is ORDERED that Magistrate Judge Dancks’ Report-Recommendation (Dkt. No. 20) is ACCEPTED and ADOPTED in its entirety; and it is further ORDERED that the Commissioner’s decision is AFFIRMED with regard to the denial of SSI benefits but REVERSED with regard to the denial of DIB benefits; and it is further ORDERED that this matter is REMANDED to the Commissioner for further proceedings pursuant to sentence four of 42 U.S.C. § 405(g). Dated: June 25, 2015 Syracuse, New York 2
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