Lawton v. Astrue

Filing 16

ORDER -- Magistrate Baxter's November 2, 2010, 15 Report and Recommendation is acccepted in its entirety. Defendant's decision is REVERSED and this case is REMANDED, pursuant to sentence four of 42 U.S.C. § 405(g), "for a prope r determination of [P]laintiff's residual functional capacity to perform his past work and other further proceedings. Clerk shall enter judgment in favor of plaintiff and close case. Signed by Senior Judge Frederick J. Scullin, Jr on 11/18/10. (mnm)

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Lawton v. Astrue Doc. 16 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK _______________________________________________ DAVID M. LAWTON, Plaintiff, v. MICHAEL ASTRUE, Commissioner of Social Security, Defendant. _______________________________________________ APPEARANCES CONBOY, MCKAY, BACHMAN & KENDALL, LLP 307 State Street Carthage, New York 13619 Attorneys for Plaintiff SOCIAL SECURITY ADMINISTRATION OFFICE OF REGIONAL GENERAL COUNSEL, REGION II 26 Federal Plaza Room 3904 New York, New York 10278 Attorneys for Defendant SCULLIN, Senior Judge ORDER Plaintiff commenced this action on March 5, 2010, seeking judicial review of Defendant's final decision denying his application for benefits. See Dkt. 1. In a Report-Recommendation dated November 2, 2010, Magistrate Judge Baxter recommended that this Court reverse Defendant's decision and remand this case for further proceedings, pursuant to sentence four of 42 U.S.C. 405(g). See Dkt. No. 15 at 30. The parties did not file any objections to this ReportOF COUNSEL LAWRENCE D. HASSELER, ESQ. 7:10-CV-256 (FJS/ATB) ELLEN E. SOVERN, ESQ. Dockets.Justia.com Recommendation. When a party does not object to a magistrate judge's report-recommendation, the court reviews that report-recommendation for clear error or manifest injustice. See Linares v. Mahunik, No. 9:05-CV-625, 2009 WL 3165660, *10 (N.D.N.Y. July 16, 2009) (citation and footnote omitted). After conducting this review, "the Court may 'accept, reject, or modify, in whole or in part, the . . . recommendations made by the magistrate judge.'" Id. (quoting 28 U.S.C. 636(b)(1)(C)). The Court has reviewed Magistrate Judge Baxter's November 2, 2010 ReportRecommendation for clear error and manifest injustice; and, finding none, the Court hereby ORDERS that Magistrate Judge Baxter's November 2, 2010 Report-Recommendation is ACCEPTED in its entirety for the reasons stated therein; and the Court further ORDERS that Defendant's decision is REVERSED and this case is REMANDED, pursuant to sentence four of 42 U.S.C. 405(g), "for a proper determination of [P]laintiff's residual functional capacity to perform his past work and other further proceedings," see Dkt. No. 15 at 30, consistent with Magistrate Judge Baxter's Report-Recommendation; and the Court further ORDERS that the Clerk of the Court shall enter judgment in favor of Plaintiff and close this case. IT IS SO ORDERED. Dated: November 18, 2010 Syracuse, New York -2-

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