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)

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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 A APPEARANCES: Sixtina Fernandez, Esq. Special Assistant U.S. Attorney NORMAN A. MORDUE, U. S. DISTRICT JUDGE M 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 N Magistrate Judge assigned to this case. IT IS SO ORDERED. Dated: March 29, 2013 Syracuse, New York A M 2

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