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Krach v. Commissioner of Social Security

United States District Court, N.D. New York

October 15, 2014

CARRIEANN KRACH, Plaintiff,
v.
COMMISSIONER OF SOCIAL SECURITY, Defendant.

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

ELIZABETH D. ROTHSTEIN, ESQ., SOCIAL SECURITY ADMINISTRATION OFFICE OF REG'L GEN. COUNSEL-REGION II, New York, NY, Counsel for Defendant.

DECISION and ORDER

GLENN T. SUDDABY, District Judge.

The above-captioned action comes to this Court following a Report-Recommendation by United States Magistrate Judge Christian F. Hummel, filed on August 26, 2014, recommending that (1) Defendant's motion for judgment on the pleadings be denied, (2) Plaintiff's motion for judgment on the pleadings be granted, (3) Defendant's decision denying disability benefits be vacated, and (4) the case be remanded to Defendant for further proceedings pursuant to sentence four of 42 U.S.C. § 405(g). (Dkt. No. 14.) 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; and the case is remanded to Defendant for further proceedings pursuant to sentence four of 42 U.S.C. § 405(g).

ACCORDINGLY, it is

ORDERED that Magistrate Judge Hummel's Report-Recommendation (Dkt. No. 14) is ACCEPTED and ADOPTED in its entirety; and it is further

ORDERED the Defendant's motion for judgment on the pleadings (Dkt. No. 13) is DENIED; 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 Defendant's decision denying disability benefits is VACATED; and it is further

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


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