Rienhardt v. Astrue

Filing 27

DECISION & ORDER adopting 20 Report & Recommendation and Pltf's Motion for Judgment on the Pleadings is GRANTED IN PART and the Commissioner's decision denying disability benefits is REMANDED for further proceedings in accordance w/ 20 Report & Recommendation and pursuant to Sentence 4 of 42:405(g); and, DENYING Deft's Cross-Motion for Judgment on the Pleadings; Signed by Sr. District Judge Thomas J. McAvoy dtd 3/24/2010 (cml)

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK ________________________________________ VIRGINIA REINHARDT (now known as VIRGINIA FURTADO), Plaintiff, v. MICHAEL J. ASTRUE, COMMISSIONER OF SOCIAL SECURITY, Defendant. ________________________________________ THOMAS J. McAVOY, Senior United States District Judge 08-CV-01159 (TJM/VEB)

DECISION & ORDER This action brought pursuant to the Social Security Act ("the Act"), 42 U.S.C. §§ 405(g), 1383(c)(3), was referred by this Court to the Hon. Victor E. Bianchini, United States Magistrate Judge, for a Report and Recommendation pursuant to 28 U.S.C. § 636(b) and Local Rule N.D.N.Y. 72.3(c). The Report and Recommendation dated December 30, 2009 recommends that Defendant's Motion for Judgment on the Pleadings be denied, Plaintiff's Motion for Judgment on the Pleadings be granted in part, and the Commissioner's decision denying disability benefits be remanded for further proceedings pursuant to sentence four of 42 U.S.C. § 405(g). See Rep. & Rec. [dkt. # 20]. Defendant has filed objections to the Report and Recommendation, see Objections Memorandum [dkt. # 21], Plaintiff has filed a response to Defendant's objections, see Plaintiff's Response [dkt. # 23], and Defendant has filed a reply thereto. See Def. Reply 1

Memorandum. [dkt. # 25]. When objections to a magistrate judge's Report and Recommendation are lodged, the Court reviews the record de novo. See 28 U.S.C. § 636(b)(1). After this review, the Court may "accept, reject, or modify, in whole or in part, the findings or recommendations made by the magistrate judge. The judge may also receive further evidence or recommit the matter to the magistrate judge with instructions." 28 U.S.C. § 636(b)(1)(C). Having reviewed Magistrate Judge Bianchini's Report and Recommendation, and having considered Defendant's objections, the Court adopts Judge Bianchini's ReportRecommendation for the reasons stated therein. Accordingly, it is hereby ORDERED that: Plaintiff's Motion for Judgment on the Pleadings is GRANTED IN PART and the Commissioner's decision denying disability benefits is REMANDED for further proceedings in accordance with Judge Bianchini's Report and Recommendation and pursuant to sentence four of 42 U.S.C. § 405(g). Defendant's Cross-Motion for Judgment on the Pleadings is DENIED.

IT IS SO ORDERED. DATED: March 24, 2010

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