Powell v. Astrue

Filing 17

ORDER adopting the 14 Report and Recommendations, vacating the Commissioner's determination of no disability, and remanding the action to the Commissioner for further consideration. Signed by Senior Judge Frederick J. Scullin, Jr on 10/11/2010. (amt)

Powell v. Astrue

Doc. 17

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK _______________________________________________ NORMAN POWELL, Plaintiff, v. MICHAEL ASTRUE, Commissioner of Social Security, Defendant. _______________________________________________ APPEARANCES LACHMAN & GORTON 1500 East Main Street P.O. Box 89 Endicott, New York 13761-0089 Attorneys for Plaintiff SOCIAL SECURITY ADMINISTRATION Office of Regional General Counsel Region II 26 Federal Plaza ­ Room 3904 New York, New York 10278 Attorneys for Defendant SCULLIN, Senior Judge ORDER Currently before the Court is Magistrate Judge Lowe's August 13, 2010 ReportRecommendation to which the parties did not file any objections. See Dkt. No. 14. Having reviewed that Report-Recommendation, the entire file in this matter, as well as the applicable law, the Court hereby ORDERS that Magistrate Judge Lowe's August 13, 2010 Report-Recommendation is OF COUNSEL PETER A. GORTON, ESQ. 3:09-CV-1082 (FJS/GHL)

KRISTINA D. COHN, ESQ.

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ACCEPTED in its entirety for the reasons stated therein; and the Court further ORDERS that the Commissioner's determination of no disability is VACATED and this matter is REMANDED to the Commissioner pursuant to sentence four of 42 U.S.C. § 405(g) for further consideration consistent with the Report-Recommendation; and the Court further ORDERS that the Clerk of the Court shall enter judgment in favor of Plaintiff and close this case.

IT IS SO ORDERED.

Dated: October 11, 2010 Syracuse, New York

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