Blais v. Commissioner of Social Security, No. 7:2008cv01223 - Document 16 (N.D.N.Y 2010)
Court Description: DECISION & ORDER: accepting and adopting in whole the 15 Report and Recommendation of Magistrate Judge Bianchini; that the Commissioner's decision denying disability benefits is REMANDED for further proceedings in accordance with the recommendation and pursuant to sentence 4 of 42 U.S.C. Section 405(g). Signed by Judge David N. Hurd on 6/10/2010. (see)
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UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK -------------------------------TIMOTHY J. BLAIS, Plaintiff, vs 7:08-CV-1223 COMMISSIONER OF SOCIAL SECURITY ADMINISTRATION, Defendant. --------------------------------APPEARANCES: OF COUNSEL: CONBOY, MckAY, BACHMAN & KENDALL, LLP LAWRENCE D. HASSELER, ESQ. Attorneys for Plaintiff 307 State Street Carthage, New York 13619 SOCIAL SECURITY ADMINISTRATION OFFICE OF REGIONAL GENERAL COUNSEL Region II 26 Federal Plaza - Room 3904 New York, NY 10278 SUSAN J. REISS, ESQ. DAVID N. HURD United States District Judge DECISION and ORDER Plaintiff, Timothy J. Blais, filed this action in November 2008, seeking judicial review of the Commissioner of Social Security ( Commissioner ) decision pursuant to 42 U.S.C. ยงยง 405(g) and 1382(c)(3). By Report-Recommendation dated May 13, 2010, the Honorable Victor E. Bianchini, United States Magistrate Judge, recommended that the Commissioner s decision denying disability benefits be remanded for further proceedings in accordance with the report-recommendation and pursuant to sentence four of 42 U.S.C. Section 405(g). No objections have been filed. Based upon a careful review of the entire file and the recommendations of Magistrate Judge Bianchini, the Report-Recommendation is accepted and adopted in whole. See 28 U.S.C. 636(b)(1). Accordingly, it is ORDERED that the Commissioner s decision denying disability benefits is REMANDED for further proceedings in accordance with the recommendation and pursuant to sentence four of 42 U.S.C. Section 405(g). IT IS SO ORDERED. Dated: June 10, 2010 Utica, New York. - 2 -
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