Judge v. Commissioner of Social Security

Filing 16

ORDER - That the 15 Report and Recommendations of Magistrate Judge Victor E. Bianchini filed February 1, 2013 is ACCEPTED in its entirety. That the Commissioner's Motion is DENIED, that the decision of the Commissioner is REVERSED, and that 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 and Recommendation. Signed by Chief Judge Gary L. Sharpe on 3/1/2013. (Attachments: # 1 Judge Bianchini's Report-Recommendation) (jel, )

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF NEW YORK
------------------------------------------------------------------------------TERRI A. JUDGE
Plaintiff,
-v.Civil Action No.
5:12-cv-482 (GLS/VEB)
COMMISSIONER OF SOCIAL SECURITY,
Defendant.
------------------------------------------------------------------------------APPEARANCES:

OF COUNSEL:

FOR THE PLAINTIFF:
Office of Peter W. Antonowicz
148 West Dominick Street
Rome, New York 13440

PETER W. ANTONOWICZ, ESQ.

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,
CHIEF JUDGE

ANDREEA L. LECHLEITNER,
ESQ.

ORDER
The above-captioned matter comes to this court following a ReportRecommendation by Magistrate Judge Victor E. Bianchini, duly filed
February 1, 2013. 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 February 1, 2013 is ACCEPTED in its entirety for the
reasons state therein, and it is further
ORDERED that the Commissioner’s Motion is DENIED, that the
decision of the Commissioner is REVERSED, and that 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 and
Recommendation, 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.
IT IS SO ORDERED.

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Dated:

March 1, 2013
Albany, New York

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