Brandow v. Commissioner of Social Security

Filing 14

ORDER: adopting the # 13 Report and Recommendations in its entirety. Therefore it is Ordered that the Commissioners decision denying disability benefits be remanded for further proceedings in accordance with the Report-Recommendation of Magistrate Judge Victor E. Bianchini pursuant to sentence four of 42 U.S.C. § 405(g). Signed by Senior Judge Neal P. McCurn on 9/11/09. (jmb)

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UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK Louis J. Brandow, Sr., Plaintiff, -v.Commissioner of Social Security, Defendant. APPEARANCES: FOR PLAINTIFF: Office of Peter M. Margolius 7 Howard Street Catskill, NY 12414 FOR DEFENDANT: Office of the United States Attorney 100 South Clinton Street Syracuse, NY 13261-7198 Neal P. McCurn, Senior District Judge William Pease, AUSA Peter M. Margolius OF COUNSEL: 1:05-CV-0917 (NPM/VEB) Order Plaintiff, Louis J. Brandow, Sr. brings this action pursuant to the Social Security Act, 42 U.S.C. §§ 405(g), seeking review of a final decision of the defendant, Commissioner of Social Security ("the Commissioner"), denying his application for disability insurance benefits. By Report-Recommendation dated August 21, 2009, the Honorable Victor E. Bianchini, United States Magistrate Judge, recommends that the Commissioner's decision denying disability benefits be remanded for further proceedings in accordance with his recommendation and pursuant to sentence four of 42 U.S.C. § 405(g). See Dkt. No. 13. Neither party having objected thereto, and this court having carefully reviewed same for clear error, this court adopts the Report-Recommendation in its entirety. See 28 U.S.C. § 636(b)(1). Accordingly, it is ORDERED the Commissioner's decision denying disability benefits be remanded for further proceedings in accordance with the August 21, 2009 Report-Recommendation of the Honorable Victor E. Bianchini, United States Magistrate Judge and pursuant to sentence four of 42 U.S.C. § 405(g). IT IS SO ORDERED. DATED: September 11, 2009 Syracuse, New York 2

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