Sweet v. Astrue, No. 7:2011cv00555 - Document 19 (N.D.N.Y 2012)

Court Description: DECISION & ORDER accepting and adopting # 18 Magistrate Judge Bianchini's Report and Recommendation in its entirety; denying the Commissioner's motion for judgment on the pleadings; and granting the Plaintiff's motion for judgment on the pleadings. It is further ORDERED that the Commissioner's decision denying disability benefits is REVERSED and this matter is REMANDED to the Commissioner of Social Security for further proceedings pursuant to sentence four of 42 U.S.C. Section 405(g). Signed by Judge Glenn T. Suddaby on 11/20/12. (lmw)

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UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK ______________________________________ JOSEPH P. SWEET, Plaintiff, Case No. 7:11-CV-555 (GTS/VEB) v. MICHAEL J. ASTRUE, Commissioner of the Social Security Administration, Defendant. ______________________________________ APPEARANCES: OF COUNSEL: CONBOY, McKAY, BACHMAN & KENDALL, LLP Counsel for Plaintiff 407 Sherman Street Watertown, New York 13601 PETER L. WALTON, ESQ. SOCIAL SECURITY ADMINISTRATION OFFICE OF REG L GEN. COUNSEL Counsel for Defendant 26 Federal Plaza, Room 3904 New York, New York 10278 MARIA FRAGASSI SANTANGELO, ESQ. NOAH M. SCHABACKER, 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 October 24, 2012, 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 disability benefits be reversed, 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. 18.) 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 Judge Bianchini s thorough Report-Recommendation, the Court can find no error in the Report-Recommendation, clear or otherwise. Magistrate Judge Bianchini employed the proper standards, accurately recited the facts, and reasonably applied the law to those facts. (Dkt. No. 18.) As a result, his 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 reversed; 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. 18) is ACCEPTED and ADOPTED in its entirety; and it is further ORDERED the Commissioner s motion for judgment on the pleadings (Dkt. No. 14) is DENIED; and it is further ORDERED that Plaintiff s motion for judgment on the pleadings (Dkt. No. 12) is GRANTED; and it is further ORDERED that the Commissioner s decision denying disability benefits is REVERSED, 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). Dated: November 20, 2012 Syracuse, New York 2

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