Harper v. Commissioner of Social Security

Filing 19

ORDER, that the 18 Report-Recommendation of Magistrate Judge Victor E. Bianchini filed July 6, 201 is ACCEPTED in its entirety. That the Commissioner's decision denying disability benefits be REMANDED for further proceedings in accordance with the report-recommendation and pursuant to sentence four of 42 U.S.C. Section 405(g). Signed by Judge Gary L. Sharpe on 8/26/2010. (Attachments: # 1 Judge Bianchini's Report-Recommendation) (jel, )

Harper v. Commissioner of Social Security

Doc. 19

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK ------------------------------------------------------------------------------TAMMY HARPER, Plaintiff, -v.Civil Action No. 3:09-cv-201 (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 GARY L. SHARPE, U.S. DISTRICT JUDGE KAREN G. FISZER, ESQ. ROBERT R. SCHRIVER, ESQ. PETER A. GORTON, ESQ. OF COUNSEL:

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ORDER The above-captioned matter comes to this court following a ReportRecommendation by Magistrate Judge Victor E. Bianchini, duly filed July 6, 2010. 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 6, 2010 is ACCEPTED in its entirety for the reasons state therein, and it is further ORDERED, that the Commissioner's decision denying disability benefits be REMANDED for further proceedings in accordance with the report-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 mail copies of the Order to the parties.

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IT IS SO ORDERED Dated: August 26, 2010 Albany, New York

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