Baez v. Astrue

Filing 26

DECISION AND ORDER adopting the 25 Report and Recommendations and remanding the matter to the Commissioner for further administrative proceedings. Signed by Judge David N. Hurd on 3/31/2014. (amt)

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UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK -------------------------------ELIZABETH BAEZ, on behalf of D.J., Plaintiff, -v- 6:13-CV-142 (DNH/TWD) CAROLYN W. COLVIN, COMMISSIONER OF SOCIAL SECURITY, Defendant. -------------------------------APPEARANCES: OF COUNSEL: Empire Justice Center Attorneys for Plaintiff 119 Washington Avenue 2nd Floor Albany, NY 12210 LOUISE MARIE TARANTINO, ESQ. OFFICE OF GENERAL COUNSEL Attorneys for Defendant Social Security Administration 26 Federal Plaza, Room 3904 New York, NY 10278 STEPHEN P. CONTE, ESQ. Chief Counsel, Region II HON. RICHARD S. HARTUNIAN United States Attorney for the Northern District of New York Counsel for Defendant Room 218 James T. Foley U.S. Courthouse Albany, NY 12207 TOMASINA DIGRIGOLI, ESQ. Special Ass't U.S. Attorney DAVID N. HURD United States District Judge DECISION and ORDER Plaintiff Elizabeth Baez filed this action on behalf of D.J., a child, seeking judicial review of a final decision of the Commissioner of Social Security denying her application for disability insurance benefits and supplemental security income for D.J. under the Social Security Act. By Report-Recommendation dated March 11, 2014, the Honorable Thérèse Wiley Dancks, United States Magistrate Judge, recommended that the matter be remanded to the Commissioner for further proceedings consistent with the Report-Recommendation. No objections to the Report-Recommendation were filed. Based upon a careful review of the entire file and the recommendations of the Magistrate Judge, the Report-Recommendation is accepted in whole. See 28 U.S.C. § 636(b)(1). Accordingly, it is ORDERED that 1. The Commissioner's decision is VACATED; and 2. This matter is REMANDED to the Commissioner pursuant to sentence four of 42 U.S.C. § 405(g) for further administrative proceedings consistent with the ReportRecommendation. IT IS SO ORDERED. Dated: March 31, 2014 Utica, New York. -2-

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