Juckett v. Astrue

Filing 25

ORDER: It is ordered that the # 24 Report and Recommendation is ACCEPTED in its entirety, Plaintiff's Motion for judgment on the pleadings is GRANTED, Defendant's Motion for Judgment on the pleadings is DENIED, it is further ordered that the Commissioner's decision denying benefits is REVERSED and the case is REMANDED pursuant to sentence four of 42 USC section 405(g) for the calulation of benefits. The Clerk shall enter judgment in favor of plaintiff and close this case. Signed by Senior Judge Frederick J. Scullin, Jr on 9/12/2011. (jmb)

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF NEW YORK
_______________________________________________
KAREN JUCKETT, on behalf of K.J.,
Plaintiff,
v.

1:09-CV-708
(FJS/VEB)

MICHAEL J. ASTRUE,
Commissioner of Social Security,
Defendant.
_______________________________________________
APPEARANCES

OF COUNSEL

IRWIN M. PORTNOY &
ASSOCIATES, P.C.
542 Union Avenue
New Windsor, New York 12550
Attorneys for Plaintiff

IRWIN M. PORTNOY, ESQ.

SOCIAL SECURITY ADMINISTRATION
OFFICE OF REGIONAL COUNSEL
REGION II
26 Federal Plaza - Room 3904
New York, New York 10278
Attorneys for Defendant

ROBERT R. SCHRIVER, ESQ.

SCULLIN, Senior Judge
ORDER
On June 19, 2009, Plaintiff commenced this action seeking judicial review of Defendant's
final decision denying benefits pursuant to 42 U.S.C. §§ 405(g), 1383(c)(3). See Dkt. No. 1.
Defendant submitted his answer on October 5, 2009. See Dkt. No. 9. Plaintiff filed a brief and
amended brief in support of her complaint on November 30, 2009, and Defendant filed his brief
in opposition on January 14, 2010. See Dkt. Nos. 12 14. Plaintiff filed additional briefs in

support of her complaint on February 12, 2010, and February 22, 2010. See Dkt. Nos. 19-21. On
June 29, 2011, Magistrate Judge Bianchini issued a Report and Recommendation, in which he
recommended that the Court grant Plaintiff's motion for judgment on the pleadings, deny
Defendant's motion for judgment on the pleadings, reverse Defendant's decision and remand the
case to Defendant for the calculation of benefits. See Dkt. No. 24. Neither party filed any
objections to this Report and Recommendation.
When a party does not object to a magistrate judge's report-recommendation, the court
reviews that report-recommendation for clear error or manifest injustice. See Linares v.
Mahunik, No. 9:05-CV-625, 2009 WL 3165660, *10 (N.D.N.Y. July 16, 2009) (citation and
footnote omitted). After conducting that review, "the Court may 'accept, reject, or modify, in
whole or in part, the . . . recommendations made by the magistrate judge.'" Id. (quoting 28 U.S.C.
§ 636(b)(1)(C)).
The Court has reviewed Magistrate Judge Bianchini's June 29, 2011 Report and
Recommendation for clear error and manifest injustice; and, finding none, the Court hereby
ORDERS that Magistrate Judge Bianchini's June 29, 2011 Report and Recommendation
is ACCEPTED in its entirety for the reasons stated therein; and the Court further
ORDERS that Plaintiff's motion for judgment on the pleadings is GRANTED; and the
Court further
ORDERS that Defendant's motion for judgment on the pleadings is DENIED; and the
Court further
ORDERS that Defendant's decision denying benefits is REVERSED; and the Court
further
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ORDERS that this case is remanded to Defendant, pursuant to sentence four of 42 U.S.C.
§ 405(g), for the calculation of benefits; and the Court further
ORDERS that the Clerk of the Court shall enter judgment in favor of Plaintiff and close
this case.

IT IS SO ORDERED.

Dated: September 12, 2011
Syracuse, New York

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