Barton v. Commissioner of Social Security

Filing 15

DECISION AND ORDER: ACCEPTING the # 14 Report and Recommendation of Magistrate Judge Bianchini in its entirety. Further Ordered that the Commissioner's decision denying disability benefits is REMANDED for further proceedings consistent with the Report and Recommendation. Signed by Senior Judge Frederick J. Scullin, Jr on 12/16/2009. (mae)

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK

DAVID P. BARTON, JR., Plaintiff, No. 3:08-CV-0810 vs. (FJS/VEB) MICHAEL J. ASTRUE COMMISSIONER OF SOCIAL SECURITY, Defendant.

APPEARANCES: For the Plaintiff

OF COUNSEL

Coughlin, Gerhart Law Firm 19 Chenango Street PO Box 2039 Binghamton, NY 13902-2039 For the Defendant Michael J. Astrue, Commissioner of of Social Security Office of Regional General Counsel - Region II 26 Federal Plaza - Room 3904 New York, New York 10278

Lars P. Mead, Esq.

Jennifer S. McMahon, Esq.

FREDERICK J. SCULLIN, JR., S.J.

DECISION AND ORDER

Currently before the Court is Magistrate Judge Victor E. Bianchini's November 23, 2009

Report and Recommendation to which the parties have filed no objections. Having reviewed that Report and Recommendation and the entire file in this matter, the Court hereby ORDERS that the Report and Recommendation of Magistrate Judge Victor E. Bianchini filed November 23, 2009 is ACCEPTED in its entirety, for the reasons stated therein, and the Court ORDERS that the Commissioner's decision denying disability benefits is REMANDED for further proceedings consistent with the Report and Recommendation.

IT IS SO ORDERED. Dated: December 16, 2009 Syracuse, New York