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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