Tim v. Astrue

Filing 17

ORDER - That the 16 Report-Recommendation of Magistrate Judge Earl S. Hines filed January 31, 2014 is ACCEPTED in its entirety. That the Commissioner's decision denying disability benefits is REVERSED and the case is REMANDED pursuant to 42 U.S.C. §405(g), sentence four, for further proceedings. Signed by Chief Judge Gary L. Sharpe on 3/4/2014. (jel, )

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF NEW YORK
------------------------------------------------------------------------------HOUEN TIM
Plaintiff,
-v.Civil Action No.
6:12-cv-1761 (GLS/ESH)
CAROLYN W. COLVIN,
Acting Commissioner of
Social Security
Defendant.
------------------------------------------------------------------------------APPEARANCES:

OF COUNSEL:

FOR THE PLAINTIFF:
Office of Peter M. Hobaica, LLC
2045 Genesee Street
Utica, New York 13501

B. BROOKS BENSON, ESQ.

FOR THE DEFENDANT:
Social Security Administration
Office of Regional General Counsel
Region II
26 Federal Plaza - Room 3904
New York, New York 10278

JASON PECK, ESQ.

GARY L. SHARPE,
CHIEF JUDGE

ORDER
The above-captioned matter comes to this court following a ReportRecommendation by Magistrate Judge Earl S. Hines, duly filed January 31,

2014. Following fourteen 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 Earl
S. Hines filed January 31, 2014 (Dkt. No. 16) is ACCEPTED in its entirety
for the reasons stated therein; and it is further
ORDERED that the Commissioner’s decision denying disability
benefits is REVERSED and the case is REMANDED pursuant to 42 U.S.C.
§ 405(g), sentence four, for further proceedings; 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.

Dated:

March 4, 2014
Albany, New York

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