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Walsh v. Colvin

United States District Court, N.D. New York

September 30, 2014

REBECCA TROMBLEE WALSH, Plaintiff,
v.
CAROLYN W. COLVIN, in her Official Capacity as Acting Comm'r. of the Soc. Sec. Admin., Defendant.

STUART A. KAUFMAN, ESQ., LEGAL AID SOCIETY OF NORTHEASTERN NEW YORK, INC., Syracuse, New York, Counsel for Plaintiff.

SANDRA M. GROSSFELD, ESQ., SOCIAL SECURITY ADMINISTRATION OFFICE OF REG'L GEN. COUNSEL-REGION II, New York, NY., Counsel for Defendant.

DECISION & ORDER

GLENN T. SUDDABY, District Judge.

The above matter comes to this Court following a Report-Recommendation by United States Magistrate Judge Andrew T. Baxter, filed on September 12, 2014, recommending that (1) the Commissioner's motion for judgment on the pleadings be denied, (2) Plaintiff's motion for judgment on the pleadings be granted, and (3) the Commissioner's decision denying disability benefits be vacated, and the case be remanded to the Commissioner for further proceedings pursuant to sentence four of 42 U.S.C. § 405(g). (Dkt. No. 19.) 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 Baxter's thorough Report-Recommendation, the Court can find no clear-error in the Report-Recommendation, clear or otherwise. As a result, the Report-Recommendation is accepted and adopted in its entirety; the Commissioner's motion for judgment on the pleadings is denied; Plaintiff's motion for judgment on the pleadings is granted; the Commissioner's decision denying disability benefits is vacated; and the case is remanded to the Commissioner for further proceedings pursuant to sentence four of 42 U.S.C. § 405(g).

ACCORDINGLY, it is

ORDERED that Magistrate Judge Baxter's Report-Recommendation (Dkt. No. 19) is ACCEPTED and ADOPTED in its entirety; and it is further

ORDERED the Commissioner's motion for judgment on the pleadings (Dkt. No. 18) is DENIED; and it is further

ORDERED that Plaintiff's motion for judgment on the pleadings (Dkt. No. 14) is GRANTED; and it is further

ORDERED that the Commissioner's decision denying disability benefits is VACATED; and it is further

ORDERED that this matter is REMANDED to the Commissioner of Social Security for further proceedings pursuant to sentence four of 42 U.S.C. § 405(g).


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