Fulmer v. Astrue

Filing 20

ORDER, that the 19 Report-Recommendation of Magsitrate Judge Victor E. Bianchini fileed June 28, 2010 is ACCEPTED in its entirety. That the Commissioner's decision denying disability benefits be REMANDED for further proceedings in accordance with the report-recommendation and pursuant to sentence four of 42 U.S.C. Section 405(g). Signed by Judge Gary L. Sharpe on 8/13/2010. (Attachments: # 1 Report-Recommendation) (jel, )

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK ------------------------------------------------------------------------------DEBRA J. FULMER, Plaintiff, -v.Civil Action No. 5:08-cv-740 (GLS/VEB) MICHAEL J. ASTRUE COMMISSIONER OF SOCIAL SECURITY, Defendant. ------------------------------------------------------------------------------APPEARANCES: FOR THE PLAINTIFF: Iaconis, Baum Law Firm 282 Genesee Street P.O. Box 250 Chittenango, New York 13037 FOR THE DEFENDANT: Social Security Administration Office of Regional General Counsel Region II 26 Federal Plaza - Room 3904 New York, New York 10278 GARY L. SHARPE, U.S. DISTRICT JUDGE SHEENA V. WILLIAMS-BARR, ESQ. KEITH R. WOLFE, ESQ. OF COUNSEL:

ORDER The above-captioned matter comes to this court following a ReportRecommendation by Magistrate Judge Victor E. Bianchini, duly filed June 28, 2010. Following ten days from the service thereof, the Clerk has sent the file, including any and all objections filed by the parties herein. No objections having been filed, and the court having reviewed the Magistrate Judge's Report-Recommendation for clear error, it is hereby ORDERED, that the Report-Recommendation of Magistrate Judge Victor E. Bianchini filed June 28, 2010 is ACCEPTED in its entirety for the reasons state therein, and it is further ORDERED, that the Commissioner's decision denying disability benefits be REMANDED for further proceedings in accordance with the report-recommendation and pursuant to sentence four of 42 U.S.C. Section 405(g), and it is further ORDERED, that the Clerk of the Court is to mail copies of the Order to the parties.

2

IT IS SO ORDERED Dated: August 13, 2010 Albany, New York

3