Deon v. Commissioner of Social Security, No. 8:2019cv00140 - Document 15 (N.D.N.Y 2020)
Court Description: DECISION & ORDER: ACCEPTING AND ADOPTING the # 14 Report and Recommendations of Magistrate Judge Andrew T. Baxter for the reasons stated therein, therefore the decision of the Commissioner is REVERSED, and this case is REMANDED, pursuant to sentence four of 42 U.S.C. § 405(g), for a proper determination of plaintiffs residual functional capacity and other further proceedings, consistent with the Report and Recommendation. Signed by Senior Judge Thomas J. McAvoy on 3/3/2020. (jmb)
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Deon v. Commissioner of Social Security Doc. 15 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK ________________________________________ SHEENALEE D., Plaintiff, v. 8:19-CV-140 (TJM/ATB) COMMISSIONER OF SOCIAL SECURITY, Defendant. _________________________________________ THOMAS J. McAVOY, Senior United States District Judge DECISION and ORDER This matter was referred to the Hon. Andrew T. Baxter, United States Magistrate Judge, for a Report and Recommendation pursuant to 28 U.S.C. § 636(b) and Rule 72.3(d) of the Local Rules of the Northern District of New York. In a Report and Recommendation dated February 3, 2020, Magistrate Judge Baxter recommends that the decision of the Commissioner be reversed and the matter remanded for further proceedings. No objections to the Report and Recommendation have been lodged and the time for filing objections has expired. CONCLUSION After examining the record, this Court has determined that the Report and Recommendation is not subject to attack for plain error or manifest injustice. Therefore, the Court ACCEPTS and ADOPTS the Report and Recommendation [Dkt. No. 14] for the reasons stated therein. The decision of the Commissioner is REVERSED, and this case 1 Dockets.Justia.com is REMANDED, pursuant to sentence four of 42 U.S.C. § 405(g), for a proper determination of plaintiff’s residual functional capacity and other further proceedings, consistent with Magistrate Judge Baxter’s Report and Recommendation. IT IS SO ORDERED. Dated: March 3, 2020 2
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