Dillingham v. Astrue

Filing 22

ORDER, that the 20 Report-Recommendation of Magistrate Judge Victor E. Bianchini filed August 24, 2010 is ACCEPTED in its entirety. That plaintiff's motion for judgment on the pleadings is GRANTED. That Defendant's motion for judgment o n the pleadings is DENIED. That the decision of the Commissioner is REVERSED and the case is REMANDED to the Commissioner pursuant to sentence four of 42 U.S.C. 405(g) for further administrative proceedings consistent with the Report-Recommendation. That the Commissioner be ordered to assign a different ALJ on remand. Signed by Judge Gary L. Sharpe on 9/30/2010. (Attachments: # 1 Judge Bianchini's Report-Recommendation) (jel, )

Dillingham v. Astrue

Doc. 22

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK ------------------------------------------------------------------------------SHAWN G. DILLINGHAM, Plaintiff, -v.Civil Action No. 5:09-cv-236 (GLS/VEB) MICHAEL J. ASTRUE COMMISSIONER OF SOCIAL SECURITY, Defendant. ------------------------------------------------------------------------------APPEARANCES: FOR THE PLAINTIFF: Olinsky, Shurtliff Law Firm 300 S. State Street 5th Floor Syracuse, New York 13202 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 ELLEN E. SOVERN, ESQ. VERNON NORWOOD, ESQ. JAYA SHURTLIFF, ESQ. OF COUNSEL:

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ORDER The above-captioned matter comes to this court following a ReportRecommendation by Magistrate Judge Victor E. Bianchini, duly filed August 24, 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 August 24, 2010 is ACCEPTED in its entirety for the reasons state therein, and it is further ORDERED, that Plaintiff's motion for judgment on the pleadings is GRANTED, and it is further ORDERED, that Defendant's motion for judgment on the pleadings is DENIED, and it is further ORDERED, that the decision of the Commissioner is REVERSED and the case is REMANDED to the Commissioner pursuant to sentence four of 42 U.S.C. § 405(g) for further administrative proceedings consistent with the Report-Recommendation, and it is further ORDERED, that the Commissioner be ordered to assign a different
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ALJ on remand, and it is further ORDERED, that the Clerk of the Court is to mail copies of the Order to the parties.

IT IS SO ORDERED Dated: September 30, 2010 Albany, New York

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