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Gregorka v. Commissioner of Social Security

United States District Court, N.D. New York

June 25, 2015

LEO GREGORKA; and EVE GREGORKA, Plaintiffs,
v.
COMMISSIONER OF SOCIAL SECURITY, Defendant.

LEO GREGORKA and EVE GREGORKA Plaintiffs, Pro Se, Little Falls, New York.

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

DECISION and ORDER

GLENN T. SUDDABY, District Judge.

The above matter comes to this Court following a Report-Recommendation by United States Magistrate Judge Therèse Wiley Dancks, filed on May 28, 2015, recommending that the Commissioner's decision denying benefits be affirmed with regard to Social Security income benefits ("SSI") but reversed with regard to disability insurance benefits ("DIB"). (Dkt. No. 14.) No objections to the Report-Recommendation have been filed and the time in which to do so has expired. After carefully reviewing all of the papers herein, including Magistrate Judge Dancks' thorough Report-Recommendation, the Court can find no error in the Report-Recommendation, clear or otherwise. As a result, the Report-Recommendation is accepted and adopted in its entirety; and the case is remanded to the Commissioner of Social Security for further proceedings pursuant to sentence four of 42 U.S.C. § 405(g).

ACCORDINGLY, it is

ORDERED that Magistrate Judge Dancks' Report-Recommendation (Dkt. No. 20) is ACCEPTED and ADOPTED in its entirety; and it is further

ORDERED that the Commissioner's decision is AFFIRMED with regard to the denial of SSI benefits but REVERSED with regard to the denial of DIB benefits; and it is further

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


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