Dumas v. Commissioner of Social Security, No. 7:2013cv01099 - Document 13 (N.D.N.Y 2015)

Court Description: DECISION AND ORDER accepting and adopting # 12 Magistrate Judge Dancks' Report and Recommendation in its entirety; denying Defendant's motion for judgment on the pleadings; granting in part Plaintiff's motion for judgment on the plead ings as recommended in the Report-Recommendation; and reversing Defendant Commissioner's decision denying disability benefits. This matter is remanded to the Commissioner for further administrative proceedings pursuant to sentence four of 42 U.S.C. 405(g). Signed by Judge Glenn T. Suddaby on 3/26/15. (lmw)

Download PDF
Dumas v. Commissioner of Social Security Doc. 13 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK ________________________________________ BONNIE S. DUMAS, Plaintiff, 7:13-CV-1099 (GTS/TWD) v. COMMISSIONER OF SOCIAL SECURITY, Defendant. ________________________________________ APPEARANCES: OF COUNSEL: CONBOY, McKAY, BACHMAN & KENDALL, LLP Counsel for Plaintiff 307 State Street Carthage, New York 13619 LAWRENCE D. HASSELER, ESQ. SOCIAL SECURITY ADMINISTRATION OFFICE OF REG’L GEN. COUNSEL–REGION II Counsel for Defendant 26 Federal Plaza, Room 3904 New York, New York 10278 SERGEI ADEN, ESQ. Special Assistant U.S. Attorney GLENN T. SUDDABY, United States District Judge DECISION and ORDER The above-captioned matter comes to the Court following a Report-Recommendation by United States Magistrate Judge Therèse Wiley Dancks, filed on March 19, 2015, recommending that (1) Plaintiff’s motion for judgment on the pleadings be granted in part, (2) the Commissioner’s decision denying disability benefits be reversed, and (3) the case be remanded to the Commissioner for further administrative proceedings pursuant to sentence four of 42 U.S.C. § 405(g). (Dkt. No. 14.) The parties have advised the Court that they do not intend to file objections to the Report-Recommendation. After carefully reviewing all of the papers herein, including Magistrate Judge Dancks’ thorough Report-Recommendation, the Court can Dockets.Justia.com find no clear error in the Report-Recommendation. As a result, the Report-Recommendation is accepted and adopted in its entirety. ACCORDINGLY, it is ORDERED that Magistrate Judge Dancks’ Report-Recommendation (Dkt. No. 12) is ACCEPTED and ADOPTED in its entirety; and it is further ORDERED Defendant’s motion for judgment on the pleadings (Dkt. No. 11) is DENIED; and it is further ORDERED that Plaintiff’s motion for judgment on the pleadings (Dkt. No. 10) is GRANTED in part, as recommended in the Report-Recommendation; and it is further ORDERED that the Commissioner’s decision denying disability benefits is REVERSED; and it is further ORDERED that this matter is REMANDED to the Commissioner for further administrative proceedings pursuant to sentence four of 42 U.S.C. § 405(g). Dated: March 26, 2015 Syracuse, New York 2

Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.