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Dumas v. Commissioner of Social Security

United States District Court, N.D. New York

March 26, 2015

BONNIE S. DUMAS, Plaintiff,
v.
COMMISSIONER OF SOCIAL SECURITY, Defendant.

LAWRENCE D. HASSELER, ESQ. CONBOY, McKAY, BACHMAN & KENDALL, LLP Counsel for Plaintiff Carthage, New York.

SERGEI ADEN, ESQ. Special Assistant U.S. Attorney SOCIAL SECURITY ADMINISTRATION OFFICE OF REG'L GEN. COUNSEL-REGION II Counsel for Defendant New York, New York.

DECISION and ORDER

GLENN T. SUDDABY, District Judge.

The above-captioned matter comes to the Court following a Report-Recommendation by United States Magistrate Judge Therèse Wiley Dancks, filed on March 19, 2015, recommending that (1) Plaintiff's motion for judgment on the pleadings be granted in part, (2) the Commissioner's decision denying disability benefits be reversed, and (3) the case be remanded to the Commissioner for further administrative proceedings pursuant to sentence four of 42 U.S.C. § 405(g). (Dkt. No. 14.) The parties have advised the Court that they do not intend to file objections to the Report-Recommendation. After carefully reviewing all of the papers herein, including Magistrate Judge Dancks' 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. ACCORDINGLY, it is

ORDERED that Magistrate Judge Dancks' Report-Recommendation (Dkt. No. 12) is ACCEPTED and ADOPTED in its entirety; and it is further

ORDERED Defendant's motion for judgment on the pleadings (Dkt. No. 11) is DENIED; and it is further

ORDERED that Plaintiff's motion for judgment on the pleadings (Dkt. No. 10) is GRANTED in part, as recommended in the Report-Recommendation; and it is further

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

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


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