Nieves v. Commissioner of Social Security

Filing 17

ORDER, that the 15 Report-Recommendation of Magistrate Judge Victor E. Bianchini filed July 27, 2009 is ACCEPTED in its entirety. That the Commissioner's decision denying disability benefits is REMANDED for further proceedings in accordance with the recommendation and pursuant to sentence four of 42 U.S.C. Section 405(g). Signed by Judge Gary L. Sharpe on 8/20/2009. (Attachments: # 1 Judge Bianchini's Report-Recommendation) (jel, )

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK ------------------------------------------------------------------------------SHANEEKQUA NIEVES, Plaintiff, -v.Civil Action No. 3:08-cv-311 (GLS/VEB) MICHAEL J. ASTRUE, COMMISSIONER OF SOCIAL SECURITY, Defendant. ------------------------------------------------------------------------------APPEARANCES: FOR THE PLAINTIFF: Lachman, Gorton Law Firm P.O. Box 89 1500 East Main Street Endicott, New York 13761-0089 FOR THE DEFENDANT: Social Security Administration Office of Regional General Counsel Region II 26 Federal Plaza - Room 3904 New York, New York 10278 SHEENA V. WILLIAMS-BARR, ESQ. PETER A. GORTON, ESQ. OF COUNSEL:

GARY L. SHARPE, U.S. DISTRICT JUDGE

ORDER The above-captioned matter comes to this court following a ReportRecommendation by Magistrate Judge Victor E. Bianchini, duly filed July 27, 2009. 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 July 27, 2009 is ACCEPTED in its entirety for the reasons state therein, and it is further ORDERED, that the Commissioner's decision denying disability benefits is REMANDED for further proceedings in accordance with the recommendation and pursuant to sentence four of 42 U.S.C. Section 405(g), and it is further ORDERED, that the Clerk of the Court is to enter judgment in favor of the Plaintiff and close this case.

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IT IS SO ORDERED Dated: August 20, 2009 Albany, New York

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