Luciano-Norman v. Commissioner of Social Security

Filing 15

DECISION AND ORDER accepting and adopting # 14 Magistrate Judge Carter's Report and Recommendation in its entirety. Plaintiff's motion for judgment on the pleadings is granted in part and denied in part, and the Commissioner's decisi on denying Plaintiff Social Security benefits is reversed in part and affirmed in part, and this matter is remanded to the Commissioner of Social Security for further proceedings under sentence four of 42 U.S.C. § 405(g), and consistent with the Report-Recommendation. Signed by Chief Judge Glenn T. Suddaby on 10/25/17. (lmw)

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF NEW YORK
______________________________________
LISA GOYETTE LUCIANO-NORMAN,
Plaintiff,

5:16-CV-1455
(GTS/WBC)

v.
COMMISSIONER OF SOCIAL SECURITY,
Defendant.
______________________________________
APPEARANCES:

OF COUNSEL:

MEGGESTO, CROSESETT & VALERINO, LLP KIMBERLY A. SLIMBAUGH, ESQ.
Counsel for Plaintiff
313 East Willow Street, Suite 201
Syracuse, New York 13203
SOCIAL SECURITY ADMINISTRATION
OFFICE OF GEN. COUNSEL–REGION II
Counsel for Defendant
26 Federal Plaza, Room 3904
New York, New York 10278

ARIELLA R. ZOLTAN, ESQ.
Special Assistant U.S. Attorney

GLENN T. SUDDABY, Chief United States District Judge
DECISION and ORDER
The above-captioned matter comes to this Court following a Report-Recommendation by
United States Magistrate Judge William B. Mitchell Carter, filed on September 11, 2017,
recommending that Plaintiff’s motion for judgment on the pleadings be granted in part and
denied in part, the Commissioner’s decision denying Plaintiff Social Security benefits be
reversed in part and affirmed in part, and this matter be remanded to the Commissioner of Social
Security for further proceedings under sentence four of 42 U.S.C. § 405(g) and consistent with
the Report-Recommendation. (Dkt. No. 14.) Objections to the Report-Recommendation have
not been filed and the time in which to do so has expired. (See generally Docket Sheet.)

After carefully reviewing all of the papers herein, including Magistrate Judge Carter’s
thorough Report-Recommendation, the Court can find no clear error in the ReportRecommendation. Magistrate Judge Carter employed the proper legal standards, accurately
recited the facts, and correctly applied the law to those facts. (Dkt. No. 4.) As a result, the
Report-Recommendation is accepted and adopted in its entirety for the reasons stated therein.
(Id.)
ACCORDINGLY, it is
ORDERED that Magistrate Judge Carter’s Report-Recommendation (Dkt. No. 14) is
ACCEPTED and ADOPTED in its entirety; and it is further
ORDERED that Plaintiff’s motion for judgment on the pleadings (Dkt. No. 9) is
GRANTED in part and DENIED in part, the Commissioner’s decision denying Plaintiff
Social Security benefits is REVERSED in part and AFFIRMED in part, and this matter is
REMANDED to the Commissioner of Social Security for further proceedings under sentence
four of 42 U.S.C. § 405(g), and consistent with the Report-Recommendation.
Dated: October 25, 2017
Syracuse, New York
____________________________________
HON. GLENN T. SUDDABY
Chief United States District Judge

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