Baker v. Colvin

Filing 24

DECISION AND ORDER adopting 23 Report and Recommendations. The decision of the Commissioner is Reversed and the case is Remanded pursuant to sentence four of 42 U.S.C. 405(g). Signed by Senior Judge Thomas J. McAvoy on 2/24/16. (sfp, )

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF NEW YORK
________________________________________
KEYANA CHRISTINE BAKER,
Plaintiff,
v.

5:14-CV-1243
(TJM/ATB)

COMMISSIONER OF SOCIAL SECURITY,
Defendant.
_________________________________________
THOMAS J. McAVOY,
Senior United States District Judge

DECISION & ORDER
This matter was referred to the Hon. Andrew T. Baxter, United States Magistrate
Judge, for a Report and Recommendation pursuant to 28 U.S.C. § 636(b) and Rule
72.3(d) of the Local Rules of the Northern District of New York. In a Report and
Recommendation dated February 1, 2016, Magistrate Judge Baxter recommends that the
decision of the Commissioner be reversed and the matter remanded for further
proceedings. No objections to the Report and Recommendation have been lodged and
the time for filing objections has expired.
CONCLUSION
After examining the record, this Court has determined that the Report and
Recommendation is not subject to attack for plain error or manifest injustice. Therefore,
the Court ADOPTS the Report and Recommendation [dkt. # 23] for the reasons stated
therein. The decision of the Commissioner is REVERSED, and this case is REMANDED,
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pursuant to sentence four of 42 U.S.C. § 405(g), for a proper evaluation of the medical
opinion and other evidence, an appropriate determination of plaintiff’s residual functional
capacity, and other further proceedings, consistent with Magistrate Judge Baxter’s Report
and Recommendation.
IT IS SO ORDERED.
Dated:February 24, 2016

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