Compo v. Commissioner of Social Security

Filing 11

DECISION AND ORDER - the 10 Report and Recommendations is accepted in its entirety. The Commissioners's decision denying disability benefits is REVERSED and this matter is REMANDED to the Commissioner for further proceedings consistent with the Report and Recommendation. Signed by Senior Judge Frederick J. Scullin, Jr on 7/22/09. (mnm)

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK

TINA M. COMPO, Plaintiff, No. 6:05-CV-973 (FJS/RFT)

v. COMMISSIONER OF SOCIAL SECURITY, Defendant.

APPEARANCES: CONBOY, McKAY LAW FIRM Attorney for Plaintiff 307 State Street Carthage, New York 13619

OF COUNSEL LAWRENCE D. HASSELER, ESQ.

HON. ANDREW T. BAXTER United States Attorney for the Northern District of New York Attorney for Defendant P.O. Box 7198 100 South Clinton Street Syracuse, New York 13261-7198

WILLIAM H. PEASE, ESQ. Assistant U.S. Attorney

FREDERICK J. SCULLIN, JR., S.J.:

DECISION AND ORDER

The above-captioned matter having been presented to me by the Report-Recommendation of Magistrate Judge Randolph F. Treece filed June 22, 2009 and the Court having reviewed the Report-Recommendation and the entire file in this matter, and no objections to said Report-

Recommendation having been filed, the Court hereby ORDERS that the Report-Recommendation of Magistrate Judge Randolph F. Treece filed June 22, 2009 is ACCEPTED in its entirety for the reasons stated therein; and the Court further ORDERS that THE Commissioner's decision denying disability benefits is REVERSED and this matter is REMANDED to the Commissioner for further proceedings consistent with the Report-Recommendation.

IT IS SO ORDERED. Dated: July 22, 2009 Syracuse, New York