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Lester v. Commissioner of Social Security

United States District Court, N.D. New York

September 24, 2014

ANDREA M. LESTER, Plaintiff,
v.
COMMISSIONER OF SOCIAL SECURITY, Defendant.

HOWARD D. OLINSKY, ESQ., OLINSKY LAW GROUP, Syracuse, New York, Attorneys for Plaintiff.

ANDREEA L. LECHLEITNER, ESQ., SOCIAL SECURITY ADMINISTRATION OFFICE OF REGIONAL GENERAL COUNSEL, REGION II, New York, New York, Attorneys for Defendant.

ORDER

FREDERICK J. SCULLIN, Jr., Chief District Judge.

On May 2, 2011, Plaintiff "protectively filed" applications for Social Security Disability insurance Benefits ("DIB") and Supplemental Security Income ("SSI") benefits, alleging disability beginning March 28, 2011. The Commissioner initially denied the applications on June 27, 2011. Administrative Law Judge ("ALJ") Robert Wright conducted a hearing on May 18, 2012, at which Plaintiff and a vocational expert testified. On June 15, 2012, the ALJ issued a decision denying Plaintiff's applications for benefits. The ALJ's decision became the Commissioner's final decision when the Appeals Council denied Plaintiff's request for review on March 15, 2013. Plaintiff then commenced this action on May 7, 2013, seeking final review of the Commissioner's final decision. See Dkt. No. 1. Defendant filed an answer and the administrative record on August 27, 2013. See Dkt. Nos. 8-9. Plaintiff filed her brief on October 15, 2013, see Dkt. No. 12; and Defendant filed her brief on December 2, 2013, see Dkt. No. 14.

On May 28, 2014, Magistrate Judge Baxter issued a Report-Recommendation, in which he recommended that this Court reverse the Commissioner's decision and remand this case, pursuant to sentence four of 42 U.S.C. § 405(g), for a proper determination of Plaintiff's residual functional capacity and other further proceedings consistent with his Report-Recommendation. See Dkt. No. 15 at 27. The parties did not file any objections to these recommendations.

When a party does not object to a magistrate judge's report-recommendation, the court reviews that report-recommendation for clear error or manifest injustice. See Linares v. Mahunik, No. 9:05-CV-625, 2009 WL 3165660, *10 (N.D.N.Y. July 16, 2009) (citation and footnote omitted). After conducting this review, "the Court may accept, reject, or modify, in whole or in part, the... recommendations made by the magistrate judge.'" Id. (quoting 28 U.S.C. § 636(b)(1)(C)).

The Court has reviewed Magistrate Judge Baxter's May 28, 2014 Report-Recommendation for clear error and manifest injustice; and, finding none, the Court hereby

ORDERS that Magistrate Judge Baxter's May 28, 2014 Report-Recommendation is ACCEPTED in its entirety for the reasons stated therein; and the Court further

ORDERS that the Commissioner's decision is 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 and other further proceedings, consistent with Magistrate Judge Baxter's Report-Recommendation; and the Court further

ORDERS that the Clerk of the Court shall enter judgment in favor of Plaintiff and close this case.

IT IS SO ORDERED.


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