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Miller v. Colvin

United States District Court, Second Circuit

May 30, 2013

KAREN MILLER, Plaintiff,
v.
CAROLYN W. COLVIN, Commissioner of Social Security, Defendant.

REPORT AND RECOMMENDATION TO THE HONORABLE LORNA G. SCHOFIELD

FRANK MAAS, Magistrate Judge.

Pro se plaintiff Karen Miller brings this action to seek review of a final decision of the Commissioner of the Social Security Administration ("Commissioner") finding her not disabled. The Commissioner has moved to remand the case for further proceedings so that the Administrative Law Judge ("ALJ") can make additional findings and more adequately consider the impact of Ms. Miller's left eye blindness on her ability to perform light work. (ECF No. 21).

During a telephone conference earlier today, Ms. Miller consented on the record to having the case remanded to the Social Security Administration. Accordingly, the case should be remanded for further administrative proceedings pursuant to the fourth sentence of 42 U.S.C. § 405(g).[1] In light of this recommendation, I have closed the reference to me.

Notice of Procedure for Filing of Objections to this Report and Recommendation

The parties shall have fourteen days from the service of this Report and Recommendation to file written objections pursuant to 28 U.S.C. § 636(b)(1) and Rule 72(b) of the Federal Rules of Civil Procedure. See also Fed.R.Civ.P. 6(a) and (d). Any such objections shall be filed with the Clerk of the Court, with courtesy copies delivered to the chambers of the Honorable Lorna G. Schofield and to the chambers of the undersigned at the United States Courthouse, 500 Pearl Street, New York, New York 10007, and to any opposing parties. See 28 U.S.C. § 636(b)(1); Fed.R.Civ.P. 6(a), 6(d), 72(b). Any requests for an extension of time for filing objections must be directed to Judge Schofield. The failure to file these timely objections will result in a waiver of those objections for purposes of appeal. See 28 U.S.C. § 636(b)(1); Fed.R.Civ.P. 6(a), 6(d), 72(b); Thomas v. Arn , 474 U.S. 140 (1985).132063132063131078118489491


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