Walsh v. Colvin

Filing 20

DECISION AND ORDER adopting 19 Report and Recommendations. Commissioner's 18 motion for judgment on the pleadings is denied. Pltf's 14 motion for judgment on the pleadings is granted. Commissioner's decision denying disability benefits is vacated and this matter is remanded to the Commissioner for further proceedings. Signed by Judge Glenn T. Suddaby on 9/30/14. (sfp, )

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF NEW YORK
_________________________________________
REBECCA TROMBLEE WALSH,
Plaintiff,

1:13-CV-0603
(GTS/ATB)

-vsCAROLYN W. COLVIN, in her Official Capacity
as Acting Comm’r of the Soc. Sec. Admin.,
Defendant.
_________________________________________
APPEARANCES:

OF COUNSEL:

LEGAL AID SOCIETY OF NORTHEASTERN
NEW YORK, INC.
Counsel for Plaintiff
112 Spring Street, Suite 109
Syracuse, New York 12866

STUART A. KAUFMAN, ESQ.

SOCIAL SECURITY ADMINISTRATION
OFFICE OF REG’L GEN. COUNSEL – REGION II
Counsel for Defendant
26 Federal Plaza, Room 3904
New York, NY 10278

SANDRA M. GROSSFELD, ESQ.

HON. GLENN T. SUDDABY, United States District Judge
DECISION and ORDER
The above matter comes to this Court following a Report-Recommendation by United
States Magistrate Judge Andrew T. Baxter, filed on September 12, 2014, recommending that (1)
the Commissioner’s motion for judgment on the pleadings be denied, (2) Plaintiff’s motion for
judgment on the pleadings be granted, and (3) the Commissioner’s decision denying disability
benefits be vacated, and the case be remanded to the Commissioner for further proceedings
pursuant to sentence four of 42 U.S.C. § 405(g). (Dkt. No. 19.) Objections to the ReportRecommendation have not been filed and the time in which to do so has expired. (See generally

Docket Sheet.) After carefully reviewing all of the papers herein, including Magistrate Judge
Baxter’s thorough Report-Recommendation, the Court can find no clear-error in the ReportRecommendation, clear or otherwise. As a result, the Report-Recommendation is accepted and
adopted in its entirety; the Commissioner’s motion for judgment on the pleadings is denied;
Plaintiff’s motion for judgment on the pleadings is granted; the Commissioner’s decision
denying disability benefits is vacated; and the case is remanded to the Commissioner for further
proceedings pursuant to sentence four of 42 U.S.C. § 405(g).
ACCORDINGLY, it is
ORDERED that Magistrate Judge Baxter’s Report-Recommendation (Dkt. No. 19) is
ACCEPTED and ADOPTED in its entirety; and it is further
ORDERED the Commissioner’s motion for judgment on the pleadings (Dkt. No. 18) is
DENIED; and it is further
ORDERED that Plaintiff’s motion for judgment on the pleadings (Dkt. No. 14) is
GRANTED; and it is further
ORDERED that the Commissioner’s decision denying disability benefits is VACATED;
and it is further
ORDERED that this matter is REMANDED to the Commissioner of Social Security for
further proceedings pursuant to sentence four of 42 U.S.C. § 405(g).
Dated: September 30, 2014
Syracuse, New York

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