Anthony v. Colvin

Filing 13

DECISION AND ORDER accepting and adopting 12 Report-Recommendation. It is ORDERED that the Commissioner's decision denying plaintiff disability benefits be REMANDED, pursuant to 42 U.S.C. 405(g) for further proceedings consistent with the August 31, 2015 Report-Recommendation. Signed by Judge David N. Hurd on 9/30/2015. (dpk)

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF NEW YORK
-------------------------------KATHY SUE ANTHONY,
Plaintiff,
-v-

1:14-CV-0848
(DNH/CFH)

CAROLYN W. COLVIN, in her Official
Capacity as Acting Commissioner Of
Social Security Administration,
Defendant.
-------------------------------APPEARANCES:

OF COUNSEL:

LEGAL AID SOCIETY OF NORTHEASTERN NY
Attorneys for Plaintiff
112 Spring Street, Suite 109
Saratoga Springs, New York 12866

MARY MARTHA WITHINGTON, ESQ.

SOCIAL SECURITY ADMINISTRATION
Attorneys for Defendant
Office of Regional General Counsel,
Region II
26 Federal Plaza - Room 3904
New York, New York, 10278

KRISTINA D. COHN, ESQ.

DAVID N. HURD
United States District Judge

DECISION and ORDER
Plaintiff Kathy Sue Anthony filed this action seeking judicial review of a final decision of
the Commissioner of Social Security denying her application for supplemental security
income benefits and disability insurance benefits under the Social Security Act. By ReportRecommendation dated August 31, 2015, the Honorable Christian F. Hummel, United States

Magistrate Judge, recommended that the Commissioner’s decision denying plaintiff benefits
be remanded for further proceedings. No objections to the Report-Recommendation have
been filed.
Based upon a de novo determination of the portion of the Report-Recommendation,
the Report-Recommendation is accepted and adopted in all respects. See 28 U.S.C. §
636(b)(1).
Therefore, it is ORDERED that:
The Commissioner’s decision denying plaintiff disability benefits be REMANDED,
pursuant to 42 U.S.C. 405(g) for further proceedings consistent with the August 31, 2015
Report-Recommendation.
IT IS SO ORDERED.

Dated: September 30, 2015
Utica, New York

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