Martinbeault v. Astrue

Filing 19

DECISION & ORDER: accepting and adopting in whole the 17 Report and Recommendations of Magistrate Judge Bianchini; and that the decision of the Commissioner is REVERSED and the case is REMANDED for further administrative proceedings consistent with the Report & Recommendation. Signed by Judge David N. Hurd on 12/14/2009. (see)

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK -------------------------------LUVINA M. MARTINBEAULT, on Behalf of R.J.M., Plaintiff, vs MICHAEL J. ASTRUE, Commissioner of Social Security, Defendant. --------------------------------APPEARANCES: CONBOY, McKAY, BACHMAN & KENDALL, LLP Attorneys for Plaintiff 407 Sherman Street W atertown, NY 13601-9990 OF COUNSEL:

1:07-CV-1297

PETER L. WALTON, ESQ.

SOCIAL SECURITY ADMINISTRATION OFFICE OF REGIONAL GENERAL COUNSEL Region II SANDRA M. GROSSFELD, ESQ. 26 Federal Plaza - Room 3904 New York, NY 10278 DAVID N. HURD United States District Judge DECISION and ORDER Plaintiff filed this action in December 2007, seeking judicial review of the Commissioner's denial of benefits pursuant to 42 U.S.C. § 405(g) and 1383(c)(3). By Report-Recommendation dated October 27, 2009, the Honorable Victor E. Bianchini, United States Magistrate Judge, recommended that the decision of the Commissioner be reversed, and that the case be remanded to the Commissioner pursuant to sentence four of 42 U.S.C.

§ 405 (g) for further administrative proceedings consistent with the Report and Recommendation. The defendant has filed objections to the Report-Recommendation. Based upon a de novo determination of the portions of the report and recommendations to which the defendant has objected, the Report-Recommendation is accepted and adopted in whole. See 28 U.S.C. 636(b)(1). Accordingly, it is ORDERED that the decision of the Commissioner is REVERSED and the case is REMANDED for further administrative proceedings consistent with the Report and Recommendation. IT IS SO ORDERED.

Dated: December 14, 2009 Utica, New York.

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