McDowell v. Astrue

Filing 21

ORDER adopting the 20 Report and Recommendations in its entirety. The Commissioner's motion is denied and the Plaintiff's motion is granted. This case is remanded to the Commissioner for further proceedings. Signed by Judge Norman A. Mordue on 3/29/2013. (amt)

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF NEW YORK
________________________________________________
ERICA McDOWELL,
Plaintiff,
v.

5:11 -CV-1132
(NAM/VEB)

CAROLYN W. COLVIN,
Acting Commissioner of Social Security,
N

Defendant.
________________________________________________
OF COUNSEL:

Olinsky Law Group
300 S. State Street
5th Floor, Suite 520
Syracuse, NY 13202
Counsel for Plaintiff

Karen Southwick, Esq.

Social Security Administration
Office of the Regional General Counsel
26 Federal Plaza - Room 3904
New York, NY 10278
Counsel for Defendant

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APPEARANCES:

Sixtina Fernandez, Esq.
Special Assistant U.S. Attorney

NORMAN A. MORDUE, U. S. DISTRICT JUDGE
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ORDER
The above matter comes to me following a Report-Recommendation by Magistrate Judge
Victor E. Bianchini, duly filed on the 11th day of March 2013. Following fourteen (14) days from
the service thereof, the Clerk has sent me the file, including any and all objections filed by the
parties herein.
After careful review of all of the papers herein, including the Magistrate Judge’s ReportRecommendation, and no objections submitted thereto, it is

ORDERED that:
1. The Report-Recommendation is hereby adopted in its entirety.
2. The Commissioner’s Motion is Denied and that Plaintiff’s Motion is Granted. The
case is remanded to the Commissioner pursuant to sentence four of 42 U.S.C. § 405 (g) for further
administrative proceedings, with a different Administrative Law Judge being assigned on remand.
3. The Clerk of the Court shall serve a copy of this Order upon all parties and the
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Magistrate Judge assigned to this case.
IT IS SO ORDERED.
Dated: March 29, 2013
Syracuse, New York

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M

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