Mielnicki v. Barnhart

Filing 18

DECISION & ORDER: accepting and adopting in whole the 15 Report and Recommendations; Deft's motion for judgment on the pleadings is DENIED; Pltf's cross-motion for judgment on the pleadings is GRANTED in part and DENIED in part; and this matter is REMANDED to the Commissioner for further consideration consistent w/the Report Recommendation. Signed by Judge David N. Hurd on 6/24/2009. (see)

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK -------------------------------KATHLEEN M. MIELNICKI, Plaintiff, vs MICHAEL J. ASTRUE, Defendant. --------------------------------APPEARANCES: OOT & ASSOCIATES, PLLC Attorneys for Plaintiff 503 East Washington Street Syracuse, NY 13202 SOCIAL SECURITY ADMINISTRATION Office of Regional General Counsel Region II 26 Federal Plaza - Room 3904 New York, NY 10278 DAVID N. HURD United States District Judge DECISION and ORDER Plaintiff filed this action in November 2006, pursuant to 42 U.S.C. §§ 405(g), 1383(c)(3) seeking review of a final decision of the Commissioner of Social Security denying her application for disability insurance benefits and Supplement Security Income. By ReportRecommendation dated June 4, 2009, the Honorable Victor E. Bianchini, United States Magistrate Judge, recommended that defendant's motion for judgment on the pleadings should be denied; plaintiff's cross motion for judgment on the pleadings should be granted in part and denied in part and remanded for further reconsideration. OF COUNSEL: NEAL P. McCURN, JR., ESQ. 5:06-CV-1413

TOMASINA DiGRIGOLI, ESQ.

Based upon a careful review of the entire file and the recommendations of Magistrate Judge Bianchini, the Report-Recommendation is accepted and adopted in whole. See 28 U.S.C. 636(b)(1). Accordingly, it is ORDERED that 1. Defendant's motion for judgment on the pleadings is DENIED; 2. Plaintiff's cross-motion for judgment on the pleadings is GRANTED in part and DENIED in part; and 3. This matter is REMANDED to the Commissioner for further consideration consistent with the Report-Recommendation. IT IS SO ORDERED.

Dated: June 24, 2009 Utica, New York.

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