Malone v. Commissioner of Social Security

Filing 27

ORDER adopting 26 Report and Recommendation. It is hereby ORDERED, that the Report-Recommendation of Magistrate Judge Victor E. Bianchini filed 1/18/2011 is ACCEPTED in its entirety for the reasons stated therein; and it is further ORDERED, that th e Commissioner's motion is DENIED; and it is further ORDERED, that the decision of the Commissioner is REVERSED and the case is remanded to the Commissioner pursuant to sentence four of 42 U.S.C. Sec. 405(g) for further administrative proceedings. Signed by Judge Gary L. Sharpe on 3/2/2011. (Attachments: # 1 Report and Recommendation of Magistrate Victor E. Bianchini dated 1/18/2011) (sg )

-VEB Malone v. Commissioner of Social Security

Doc. 27

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK ------------------------------------------------------------------------------LYDIA L. MALONE, Plaintiff, -v.Civil Action No. 1:08-cv-1249 (GLS/VEB) COMMISSIONER OF SOCIAL SECURITY, Defendant. ------------------------------------------------------------------------------APPEARANCES: FOR THE PLAINTIFF: LYDIA L. MALONE Pro Se 232 Krumkill Road Slingerlands, New York 12159 FOR THE DEFENDANT: Social Security Administration Office of Regional General Counsel Region II 26 Federal Plaza - Room 3904 New York, New York 10278 ANDREEA L. LECHLEITNER, ESQ. OF COUNSEL:

GARY L. SHARPE, U.S. DISTRICT JUDGE

Dockets.Justia.com

ORDER The above-captioned matter comes to this court following a ReportRecommendation by Magistrate Judge Victor E. Bianchini, duly filed January 18, 2011. Following ten 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 Victor E. Bianchini filed January 18, 2011 is ACCEPTED in its entirety for the reasons state therein, and it is further ORDERED that the Commissioner's motion is DENIED, and it is further ORDERED that the decision of the Commissioner is REVERSED and the case is remanded to the Commissioner pursuant to sentence four of 42 U.S.C. §405(g) for further administrative proceedings, and it is further ORDERED, that the Clerk of the Court is to mail copies of the Order to the parties and by certified mail upon the plaintiff. IT IS SO ORDERED Dated: March 2, 2011 Albany, New York

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