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)

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.
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