Haggerty v. Astrue

Filing 15

ORDER adopting 14 Report and Recommendations. It is ORDERED that the decision of the Commissioner is REVERSED and the case is remanded to the Commissioner pursuant to sentence four of 42 U.S.C. §405(g), for a proper determination of plaintiff's residual functional capacity to perform her past work and other further proceedings. Signed by Judge Gary L. Sharpe on 3/8/2011. (Attachments: # 1 Report-Recommendation of Judge Baxter) (mgh)

Haggerty v. Astrue

Doc. 15

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK ------------------------------------------------------------------------------ANGELA HAGGERTY, Plaintiff, -v.Civil Action No. 3:10-cv-306 (GLS/ATB) MICHAEL 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 THOMAS C. GRAY, ESQ. PETER A. GORTON, ESQ. OF COUNSEL:

GARY L. SHARPE, U.S. DISTRICT JUDGE

Dockets.Justia.com

ORDER The above-captioned matter comes to this court following a ReportRecommendation by Magistrate Judge Andrew T. Baxter, duly filed February 14, 2011. 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 Andrew T. Baxter filed February 14, 2011 is ACCEPTED in its entirety for the reasons state therein, and it is further ORDERED that the decision of the Commissioner is REVERSED and the case is remanded to the Commissioner pursuant to sentence four of 42 U.S.C. §405(g), for a proper determination of plaintiff's residual functional capacity to perform her past work and other further proceedings, and it is further ORDERED, that the Clerk of the Court is to mail copies of the Order to the parties in accordance with the court's local rules. IT IS SO ORDERED Dated: March 8, 2011 Albany, New York
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