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Brown v. Colvin

United States District Court, Second Circuit

July 8, 2013

KELLY BROWN, Plaintiff,
v.
CAROLYN W. COLVIN, Commissioner of Social Security, Defendant.

PETER A. GORTON, ESQ., LACHMAN & GORTON, Endicott, NY, Attorneys for Plaintiff.

DAVID L. BROWN, ESQ., OFFICE OF REGIONAL GENERAL COUNSEL, New York, NY, Attorneys for Defendant.

DECISION AND ORDER

DAVID N. HURD, District Judge.

Plaintiff Kelly Brown filed this action seeking judicial review of the unfavorable portion of the Commissioner's decision which denied her some benefits under the Social Security Act. By Report-Recommendation dated March 6, 2013, the Honorable Victor E. Bianchini, United States Magistrate Judge, recommended that the Commissioner's motion for judgment on the pleadings be denied, plaintiff's motion be granted, and the case remanded for further proceedings. No objections to the Report-Recommendation were filed.

Based upon a careful review of the entire file and the recommendations of the Magistrate Judge, the Report-Recommendation is accepted in whole. See 28 U.S.C. ยง 636(b)(1).

Accordingly, it is

ORDERED that

1. Plaintiff's motion for judgment on the pleadings is GRANTED; and

2. The Commissioner's decision is VACATED and the matter REMANDED for further consideration consistent with the Report-Recommendation.

IT IS SO ORDERED.


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