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, )

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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. 2 Dated: March 1, 2013 Albany, New York 3

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