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Lori A. Parker v. Michael J. Astrue

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK


March 9, 2011

LORI A. PARKER, PLAINTIFF,
v.
MICHAEL J. ASTRUE, COMMISSIONER OF SOCIAL SECURITY, DEFENDANT.

The opinion of the court was delivered by: Gary L. Sharpe, U.S. District Judge

ORDER

The above-captioned matter comes to this court following a Report-Recommendation by Magistrate Judge Andrew T. Baxter, duly filed February 22, 2011. Following ten days from the service thereof, the Clerk has sent the file, including any and all objections filed by the parties herein.

No objections having been filed, and the court having reviewed the Magistrate Judge's Report-Recommendation for clear error, it is herebyORDERED, that the Report-Recommendation of Magistrate Judge Andrew T. Baxter filed February 22, 2011 is ACCEPTED in its entirety for the reasons state therein, and it is furtherORDERED that the decision of the Commissioner be REVERSED and this case is REMANDED, pursuant to sentence four of 42 U.S.C. § 405(g), for a proper determination of plaintiff's residual functional capacity to perform her past work and other further proceedings consistent with the Report-Recommendation, and it is further ORDERED, that the Clerk of the Court is to mail copies of the Order to the parties in accordance with the court's local rules.

IT IS SO ORDERED

Albany, New York

20110309

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