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Brandow v. Commissioner of Social Security

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK


September 11, 2009

LOUIS J. BRANDOW, SR., PLAINTIFF,
v.
COMMISSIONER OF SOCIAL SECURITY, DEFENDANT.

The opinion of the court was delivered by: Neal P. McCurn, Senior District Judge

Order

Plaintiff, Louis J. Brandow, Sr. brings this action pursuant to the Social Security Act, 42 U.S.C. §§ 405(g), seeking review of a final decision of the defendant, Commissioner of Social Security ("the Commissioner"), denying his application for disability insurance benefits. By Report-Recommendation dated August 21, 2009, the Honorable Victor E. Bianchini, United States Magistrate Judge, recommends that the Commissioner's decision denying disability benefits be remanded for further proceedings in accordance with his recommendation and pursuant to sentence four of 42 U.S.C. § 405(g). See Dkt. No. 13. Neither party having objected thereto, and this court having carefully reviewed same for clear error, this court adopts the Report-Recommendation in its entirety. See 28 U.S.C. § 636(b)(1).

Accordingly, it is ORDERED the Commissioner's decision denying disability benefits be remanded for further proceedings in accordance with the August 21, 2009 Report-Recommendation of the Honorable Victor E. Bianchini, United States Magistrate Judge and pursuant to sentence four of 42 U.S.C. § 405(g).

IT IS SO ORDERED.

20090911

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