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Tomassi v. Colvin

United States District Court, N.D. New York

January 28, 2014

CAROLYN TOMASSI on behalf of T.T., Plaintiff,
v.
CAROLYN W. COLVIN, Acting Commissioner of Social Security Defendant.

PETER W. ANTONOWICZ, ESQ., Office of Peter W. Antonowicz, Rome, New York, For the Plaintiff.

ANDREEA L. LECHLEITNER, ESQ., Social Security Administration, Office of Regional General Counsel, Region II, New York, New York, For the Defendant.

ORDER

GARY L. SHARPE, Chief District Judge.

The above-captioned matter comes to this court following a Report-Recommendation by Magistrate Judge Earl S. Hines, duly filed November 22, 2013. Following fourteen 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 hereby

ORDERED that the Report-Recommendation of Magistrate Judge Earl S. Hines filed November 22, 2013 (Dkt. No. 16) is ACCEPTED in its entirety for the reasons stated therein; and it is further

ORDERED that the Commissioner's decision denying disability-based benefits is REVERSED and REMANDED, pursuant to sentence four of 42 U.S.C. ยง405(g), for further proceedings necessary to develop a full evidentiary record; 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.


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