Smith v. Astrue

Filing 17

ORDER adopting Report and Recommendations re 16 Report and Recommendations. ORDERED that the Report-Recommendation of Magistrate Judge Victor E. Bianchini filed 3/8/11 is ACCEPTED in its entirety for the reasons stated therein. ORDERED that Plainti ff's Motion for Judgment on the Pleadings is GRANTED, that the Commissioner's Motion for Judgment on the Pleadings is DENIED, that the decision of the Commissioner is REVERSED, and that the case is REMANDED to the Commissioner for calculation of benefits. Signed by Judge Gary L. Sharpe on 3/29/11. (Attachments: # 1 Report and Recommendation of US Magistrate Judge Victor E. Bianchini) (ban)

-VEB Smith v. Astrue

Doc. 17

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK ------------------------------------------------------------------------------AMY SMITH, on behalf of M.H., Plaintiff, -v.Civil Action No. 5:09-cv-921 (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 VERNON NORWOOD, ESQ. JAYA SHURTLIFF, ESQ. OF COUNSEL:

GARY L. SHARPE, DISTRICT COURT JUDGE

Dockets.Justia.com

ORDER The above-captioned matter comes to this court following a ReportRecommendation by Magistrate Judge Victory E. Bianchini, duly filed March 8, 2011. 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 March 8, 2011 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, that the Commissioner's Motion for Judgment on the Pleadings is DENIED, that the decision of the Commissioner is REVERSED, and that the case is REMANDED to the Commissioner for calculation of benefits, and it is further ORDERED, that the Clerk of the Court is to mail copies of the Order to the parties in accordance with the court's local rules.

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IT IS SO ORDERED Dated: March 29, 2011 Albany, New York

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