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Carrera v. Colvin

United States District Court, N.D. New York

March 12, 2015

NICOLE CARRERA o/b/o V.M.C. Plaintiff,
v.
CAROLYN W. COLVIN, Acting Commissioner of Social Security, Defendant.

MARY MARTHA WITHINGTON, ESQ., Legal Aid Society of Northeastern NY, Saratoga Springs, New York, for the Plaintiff.

JOSHUA L. KERSHNER, 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 January 30, 2015. 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 January 30, 2015 (Dkt. No. 14) is ACCEPTED in its entirety for the reasons stated therein; and it is further

ORDERED that the Commissioner's decision is REVERSED, and the case is REMANDED pursuant to 42 U.S.C. ยง 405(g), sentence four; to consider new evidence and for further proceedings in accordance with the recommendation; and it is further

ORDERED that the Clerk close this case and provide a copy of this Order to the parties in accordance to the local rules.

IT IS SO ORDERED.


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