Hunt v. Commissioner of Social Security

Filing 13

ORDER: ADOPTING the # 12 Report and Recommendations in its entirety, therefore the Commissioner's decision denying disability benefits is REMANDED for further proceedings in accordance with the Report-Recommendation and pursuant to sentence four of 42 USC section 405(g). Signed by Chief Judge Norman A. Mordue on 12/15/09. (jmb)

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UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK ________________________________________________ ARTHUR HUNT, Plaintiff, v. MICHAEL J. ASTRUE,1 COMMISSIONER OF SOCIAL SECURITY, N A M 1 5:06-cv-0338 Defendant. ________________________________________________ APPEARANCES: Olinsky, Shurtiff Law Firm 300 S. State Street 5th Floor Syracuse, NY 13202 Counsel for Plaintiff Office of Regional General Counsel Social Security Administration Region II 26 Federal Plaza - Room 3904 New York, NY 10278 Counsel for Defendant OF COUNSEL: Howard Olinsky, Esq. Vernon Norwood, Esq. NORMAN A. MORDUE, CHIEF U. S. DISTRICT JUDGE ORDER The above matter comes to me following a Report-Recommendation by Magistrate Judge Victor E. Bianchini, duly filed on the 30th day of November 2009. Following ten days from the service thereof, the Clerk has sent me the file, including any and all objections filed by the parties On February 12, 2007, Michael J. Astrue was sworn in as the Commissioner of the Social Security Administration. Pursuant to Federal Rules of Civil Procedure 25(d)(1), he is automatically substituted for former Commissioner Jo Anne Barnhart as the defendant in this action. herein. After careful review of all of the papers herein, including the Magistrate Judge's ReportRecommendation, and no objections submitted thereto, it is ORDERED that: 1. The Report-Recommendation is hereby adopted in its entirety. 2. The Commissioner's decision denying disability benefits is remanded for further proceedings in accordance with the Report-Recommendation and pursuant to sentence four of 42 U.S.C. Section 405(g). 3. The Clerk of the Court shall serve a copy of this Order upon all parties and the Magistrate Judge assigned to this case. IT IS SO ORDERED. Dated: December 15, 2009 Syracuse, New York A M N 2

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