The opinion of the court was delivered by: Kahn, District Judge.
This matter comes before the Court following a
Report-Recommendation filed on 9 December 1999 by the Honorable
Gary L. Sharpe, United States Magistrate Judge, pursuant to
28 U.S.C. § 636(b) and L.R. 72.3(d) of the Northern District of New
York. After ten days from the service thereof, the Clerk has
sent the entire file to the undersigned, including the
objections by Plaintiff, which were filed on 17 December 1999.
Plaintiff filed this action in appeal of the Social Security
Administration's denial of his claim for disability insurance
benefits. Plaintiff has sought benefits from the Social Security
Administration in numerous claims extending back to 1975. His
disability claim appears to arise from a lower-back injury
sustained in 1964 while employed by Rome Cable Corporation.
(See claim for disability benefits, submitted to Disability
Benefits Bureau, State of New York Workers' Comp. Bd., 23 Feb.
1996, attached to Pl.'s Objections (Doc. 20, 17 Dec. 1999).)
Accordingly, it is hereby
ORDERED that the Report-Recommendation is APPROVED and
ADOPTED in its ENTIRETY; and
IT IS FURTHER ORDERED that Defendant's motion to remand this
action is GRANTED; and
IT IS FURTHER ORDERED that the decision denying Plaintiff
disability benefits is REMANDED to the Social Security
Administration pursuant to Sentence Six of 42 U.S.C. § 405(g)
for further proceedings consistent with this Decision and with
Judge Sharpe's Report-Recommendation; and
IT IS FURTHER ORDERED that Plaintiffs "Sharpe" motion is
IT IS FURTHER ORDERED that the Clerk serve a copy of this
order on all parties by regular mail.
The plaintiff in this action has a twenty-four year history
with the Social Security Administration ("the Administration")
and has filed numerous disability benefit claims. On August 14,
1975, the plaintiff filed his first benefits application, which
was denied on November 13, 1975. This denial was not appealed
and the claim was dismissed. On February 6, 1978, the plaintiff
filed a second application and it was denied on April 4, 1978,
without the plaintiff filing an appeal. Thereafter, on July 17,
1980, he filed a third application that was denied because he
failed to present any new evidence of a disability that would