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Drollette v. Colvin

United States District Court, N.D. New York

June 23, 2014

JENNIFER DROLLETTE, Plaintiff,
v.
CAROLYN COLVIN, Comm'r of Soc. Sec., Defendant.

MARK A. SCHNEIDER, ESQ., SCHNEIDER & PALCSIK, Plattsburgh, NY, Counsel for Plaintiff.

AMANDA J. LOCKSHIN, ESQ., ROBERT R. SCHRIVER, ESQ., SOCIAL SECURITY ADMINISTRATION OFFICE OF REG'L GEN. COUNSEL-REGION II, New York, New York, Counsel for Defendant.

DECISION and ORDER

GLENN T. SUDDABY, District Judge.

The above-captioned matter comes to this Court following a Report-Recommendation by United States Magistrate Judge Christian F. Hummel, filed on June 5, 2014, recommending that (1) Plaintiff's motion for judgment on the pleadings be granted, (2) the Commissioner's decision denying disability insurance benefits and supplemental social security income be vacated, and (3) the case be remanded to the Commissioner for further proceedings pursuant to sentence four of 42 U.S.C. § 405(g). (Dkt. No. 17.) Objections to the Report-Recommendation have not been filed and the time in which to do so has expired. ( See generally Docket Sheet.) After carefully reviewing all of the papers herein, including Magistrate Judge Hummel's thorough Report-Recommendation, the Court can find no clear error in the Report-Recommendation. As a result, the Report-Recommendation is accepted and adopted in its entirety; Plaintiff's motion for judgment on the pleadings is granted; the Commissioner's decision denying disability insurance benefits and supplemental social security income is vacated; and the case is remanded to the Commissioner for further proceedings pursuant to sentence four of 42 U.S.C. § 405(g), in accordance with the Report-Recommendation.

ACCORDINGLY, it is

ORDERED that Magistrate Judge Hummel' Report-Recommendation (Dkt. No. 17) is ACCEPTED and ADOPTED in its entirety; and it is further

ORDERED that Plaintiff's motion for judgment on the pleadings (Dkt. No. 12) is GRANTED; and it is further

ORDERED that the Commissioner's decision denying disability insurance benefits and supplemental social security income is VACATED; and it is further

ORDERED that this matter is REMANDED to the Commissioner for further proceedings pursuant to sentence four of 42 U.S.C. § 405(g), in accordance with the Report-Recommendation.


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