Ceballos v. Commissioner of Social Security

Filing 16

DECISION and ORDER: ORDERED that, The Commissioner's decision is VACATED; This matter is REMANDED to the Commissioner pursuant to sentence four of 42U.S.C. § 405 (g) for further administrative proceedings consistent with this 15 Report-Recommendation. Signed by Judge David N. Hurd on 8/26/2015. (mgh)

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF NEW YORK
-------------------------------TONIE CEBALLOS o/b/o A.R.C.,
Plaintiff,
-v-

3:14-CV-0659
(DNH/TWD)

CAROLYN W. COLVIN,
Acting Commissioner of Social Security,
Defendant.
-------------------------------APPEARANCES:

OF COUNSEL:

COUGHLIN & GERHART, LLP
Attorneys for Plaintiff
P.O. Box 2039
Binghamton, NY 13902-2039

SCOT G. MILLER, ESQ.

OFFICE OF REGIONAL GENERAL
COUNSEL
Attorneys for Defendant
Social Security Administration
Region II
26 Federal Plaza, Room 3904
New York, NY 10278

JOANNE PENGELLY, ESQ.

DAVID N. HURD
United States District Judge
DECISION and ORDER
Plaintiff Tonie Ceballos filed this action on behalf of her minor dependant seeking
judicial review of a final decision of the Commissioner of Social Security denying her
application for Supplemental Security Income benefits for her child A.R.C. under the Social
Security Act. By Report-Recommendation dated June 8, 2015, the Honorable Thérèse Wiley

Dancks, United States Magistrate Judge, recommended that the matter be remanded to the
Commissioner for further proceedings consistent with the Report-Recommendation. No
objections to the Report-Recommendation were filed.
Based upon a careful review of the entire file and the recommendations of the
Magistrate Judge, the Report-Recommendation is accepted in whole. See 28 U.S.C.
§ 636(b)(1).
Accordingly, it is
ORDERED that
1. The Commissioner's decision is VACATED; and
2. This matter is REMANDED to the Commissioner pursuant to sentence four of 42
U.S.C. § 405 (g) for further administrative proceedings consistent with this ReportRecommendation.
IT IS SO ORDERED.

Dated: August 26, 2015
Utica, New York.

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