Stone v. Astrue
Filing
22
DECISION and ORDER: The Court adopts the 21 Report and Recommendation; Plaintiff's Motion for Judgment on the Pleadings is GRANTED; Defendant's Motion for Judgment on the Pleadings is DENIED; The decision of the Commissioner is REVERSED; The case is REMANDED to the Commissioner pursuant to sentence four of 42 U.S.C. § 405 (g) for further administrative proceedings consistent with the Report and Recommendation. Signed by Senior Judge Thomas J. McAvoy on 8/26/2013. (mgh)
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF NEW YORK
________________________________________
BRAIN STONE,
Plaintiff,
1:12-CV-239
v.
CAROLYN W. COLVIN,
Acting Commissioner of Social Security,
Defendant.
_________________________________________
THOMAS J. McAVOY,
Senior United States District Judge
DECISION & ORDER
This matter was referred to the Hon. Victor E. Bianchini, United States Magistrate
Judge, for a Report and Recommendation pursuant to 28 U.S.C. § 636(b) and Rule
72.3(d) of the Local Rules of the Northern District of New York. In a Report and
Recommendation dated June 4, 2013, Magistrate Judge Bianchini recommended that
Plaintiff's Motion for Judgment on the Pleadings be GRANTED, that Defendant’s Motion
for Judgment on the Pleadings be DENIED, that the decision of the Commissioner be
reversed, and that the case be remanded to the Commissioner pursuant to sentence four
of 42 U.S.C. § 405 (g) for further administrative proceedings consistent with the Report
and Recommendation. No objections to the Report and Recommendation have been
lodged and the time for filing objections has expired.
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CONCLUSION
After examining the record, this Court has determined that the Report and
Recommendation is not subject to attack for plain error or manifest injustice. Therefore,
(1) The Court adopts the Report and Recommendation for the reasons stated
therein;
(2) Plaintiff's Motion for Judgment on the Pleadings is GRANTED;
(3) Defendant’s Motion for Judgment on the Pleadings is DENIED;
(4) The decision of the Commissioner is REVERSED, and
(5) The case is REMANDED to the Commissioner pursuant to sentence four of 42
U.S.C. § 405 (g) for further administrative proceedings consistent with the Report and
Recommendation.
IT IS SO ORDERED
Dated: August 26, 2013
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