Oakes v. Commissioner of Social Security

Filing 20

DECISION & ORDERED, that the Report-Recommendation (Dkt. No. 17) is APPROVED and ADOPTED in its ENTIRETY; and it is further ORDERED, that Defendants Motion for judgment on the pleadings is DENIED; and it is further ORDERED, that Plaintiffs Cross-Motion for judgment on the pleadings is GRANTED in part and DENIED in part, and the matter is REMANDED to the Commissioner for reconsideration. Signed by Senior Judge Lawrence E. Kahn on April 23, 2009. (sas)

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK JOHN F. OAKES, JR., Plaintiff, v. 5:06-CV-0332 (LEK/ DEP)

COMMISSIONER OF SOCIAL SECURITY, Michael J. Astrue,1 Defendant.

DECISION AND ORDER This matter comes before the Court following a Report-Recommendation filed on March 5, 2009 by the Honorable Victor E. Bianchini, United States Magistrate Judge, pursuant to 28 U.S.C. § 636(b) and L.R. 72.3(d) of the Northern District of New York. Report-Rec. (Dkt. No. 17). After ten days from the service thereof, the Clerk has sent the entire file to the undersigned, including the objections by the Defendant, which were filed on March 19, 2009. Objections (Dkt. No. 18). It is the duty of this Court to "make a de novo determination of those portions of the report or specified proposed findings or recommendations to which objection is made." 28 U.S.C. § 636(b). "A [district] judge . . . may accept, reject, or modify, in whole or in part, the findings or recommendations made by the magistrate judge." Id. This Court has considered the objections and has undertaken a de novo review of the record and has determined that the Report-Recommendation should be approved for the reasons stated therein.
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Michael J. Astrue became Commissioner of Social Security on February 12, 2007. Pursuant to Federal Rule of Civil Procedure 25(d), Michael J. Astrue is substituted as the Defendant in this action for Jo Anne B. Barnhart. 1

Accordingly, it is hereby ORDERED, that the Report-Recommendation (Dkt. No. 17) is APPROVED and ADOPTED in its ENTIRETY; and it is further ORDERED, that Defendant's Motion for judgment on the pleadings is DENIED; and it is further ORDERED, that Plaintiff's Cross-Motion for judgment on the pleadings is GRANTED in part and DENIED in part, and the matter is REMANDED to the Commissioner for reconsideration; and it is further ORDERED, that the Clerk serve a copy of this Order on all parties. IT IS SO ORDERED. DATED: April 23, 2009 Albany, New York

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