Ocasio v. Colvin

Filing 26

ORDER - That the Report and Recommendation (Dkt. No. 25) is ADOPTED in its entirety. That the decision of the Commissioner be REVERSED and this case REMANDED, pursuant to sentence four of 42 U.S.C. § 405(g), for a proper evaluation of the medical opinion and other evidence, an appropriate determination of plaintiff's residual functional capacity, and other further proceedings, consistent with the Report. Signed by Senior Judge Gary L. Sharpe on 6/16/2016. (jel, )

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF NEW YORK
________________________________
ANGELICA OCASIO,
Plaintiff,

3:14-cv-1096
(GLS/ATB)

v.
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, NY 13761-0089
FOR THE DEFENDANT:
HON. RICHARD S. HARTUNIAN
United States Attorney
100 South Clinton Street
Syracuse, NY 13261
Steven P. Conte
Regional Chief Counsel
Social Security Administration
Office of General Counsel, Region II
26 Federal Plaza, Room 3904
New York, NY 10278
Gary L. Sharpe
Senior District Judge

PETER A. GORTON, ESQ.

AMANDA J. LOCKSHIN
DAVID L. BROWN
SUSAN J. REISS
Special Assistant U.S. Attorney

ORDER
The above-captioned matter comes to this court following a Report
and Recommendation by Magistrate Judge Andrew T. Baxter, duly filed on
April 26, 2016. (Dkt. No. 25.) 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
Report-Recommendation for clear error, it is hereby
ORDERED that the Report and Recommendation (Dkt. No. 25) is
ADOPTED in its entirety; and it is further
ORDERED that the decision of the Commissioner be REVERSED
and this case REMANDED, pursuant to sentence four of 42 U.S.C.
§ 405(g), for a proper evaluation of the medical opinion and other
evidence, an appropriate determination of plaintiff’s residual functional
capacity, and other further proceedings, consistent with the Report; and it
is further
ORDERED that the Clerk provide a copy of this Order to the parties
in accordance with the Local Rules.
IT IS SO ORDERED.
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June 16, 2016
Albany, New York

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