Showers v. Colvin

Filing 18

ORDER - That the 17 Report and Recommendation of Magistrate Judge Earl S. Hines filed February 17, 2015 (Dkt. No. 17) is ACCEPTED in its entirety. That the Commissioner's decision denying disability benefits is REVERSED and the case is REMANDED pursuant to 42 U.S.C. §405(g), sentence four, for further proceedings. Signed by Chief Judge Gary L. Sharpe on 3/25/2015. (jel, )

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UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK ------------------------------------------------------------------------------JASON SHOWERS Plaintiff, -v.Civil Action No. 3:13-cv-1147 (GLS/ESH) CAROLYN W. COLVIN, Commissioner of Social Security Defendant. ------------------------------------------------------------------------------APPEARANCES: OF COUNSEL: FOR THE PLAINTIFF: Lachman, Gorton Law Firm P.O. Box 89 1500 East Main Street Endicott, New York 13761-0089 PETER A. GORTON, ESQ. Office of Nancy J. Meserow 7540 SW 51st Ave. Portland, Oregon 97219 NANCY J. MESEROW, ESQ. 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, CHIEF JUDGE JOANNE JACKSON PENGELLY, ESQ. ORDER The above-captioned matter comes to this court following a ReportRecommendation by Magistrate Judge Earl S. Hines, duly filed February 17, 2015. Following fourteen 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 Earl S. Hines filed February 17, 2015 (Dkt. No. 17) is ACCEPTED in its entirety for the reasons stated therein; and it is further ORDERED that the Commissioner’s decision denying disability benefits is REVERSED and the case is REMANDED pursuant to 42 U.S.C. § 405(g), sentence four, for further proceedings; and it is further ORDERED that the Clerk close this case and provide a copy of this Order to the parties in accordance to the local rules. IT IS SO ORDERED. Dated: March 25, 2015 Albany, New York 2

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