Schrader v. Commissioner of Social Security

Filing 16

ORDER: ACCEPTING the # 15 Report and Recommendations of Magistrate Judge Victor E. Bianchini in its entirety. It is ORDERED that Plaintiffs Motion for judgment on the pleadings is GRANTED; Defendants Motion for judgment on the pleadings is DENIED; and Defendants decision is REVERSED and this case is REMANDED to the Commissioner of Social Security pursuant to sentence 4 of 42 U.S.C. § 405(g) for further administrative proceedings for the reasons set forth in the # 15 Report & Recommendations. It is further ORDERED that the Clerk of the Court shall enter judgment in favor of Plaintiff and close this case. Signed by Senior Judge Frederick J. Scullin, Jr on 12/27/2010. (mae)

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-VEB Schrader v. Commissioner of Social Security Doc. 16 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK ______________________________________________ JOAN T. SCHRADER, Plaintiff, v. COMMISSIONER OF SOCIAL SECURITY, Defendant. ______________________________________________ APPEARANCES OLINSKY & SHURTLIFF 300 South State Street, Suite 520 Syracuse, New York 13202 Attorneys for Plaintiff SOCIAL SECURITY ADMINISTRATION OFFICE OF REGIONAL COUNSEL, REGION II 26 Federal Plaza ­ Room 3904 New York, New York 10278 Attorneys for Defendant SCULLIN, Senior Judge ORDER When a party does not object to a magistrate judge's report and recommendation, the court reviews that report and recommendation for clear error or manifest injustice. See Linares v. Mahunik, No. 9:05-CV-625, 2009 WL 3165660, *10 (N.D.N.Y. July 16, 2009) (citation and footnote omitted). After conducting this review, "the Court may 'accept, reject, or modify, in whole or in part, the . . . recommendations made by the magistrate judge.'" Id. (quoting 28 U.S.C. § 636(b)(1)(C)). OF COUNSEL HOWARD D. OLINSKY, ESQ. 5:08-CV-119 (FJS/VEB) MARIA P. FRAGASSI SANTANGELO, ESQ. Dockets.Justia.com The Court has reviewed Magistrate Judge Bianchini's November 4, 2010 Report and Recommendation for clear error and manifest injustice; and, finding none, the Court hereby ORDERS that Magistrate Judge Bianchini's November 4, 2010 Report and Recommendation is ACCEPTED in its entirety for the reasons stated therein; and the Court further ORDERS that Plaintiff's motion for judgment on the pleadings is GRANTED; and the Court further ORDERS that Defendant's motion for judgment on the pleadings is DENIED; and the Court further ORDERS that Defendant's decision is REVERSED and this case is REMANDED to the Commissioner of Social Security pursuant to sentence four of 42 U.S.C. § 405(g) for further administrative proceedings for the reasons set forth in Magistrate Judge Bianchini's November 4, 2010 Report and Recommendation; and the Court further ORDERS that the Clerk of the Court shall enter judgment in favor of Plaintiff and close this case. IT IS SO ORDERED. Dated: December 27, 2010 Syracuse, New York -2-

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