Morse v. Social Security Administration et al

Filing 27

ORDER adopting Report and Recommendations re 26 Report and Recommendations; ORDERS that Defendant's decision is REVERSED; and the Court furtherORDERS that this matter is REMANDED for further proceedings in accordance withMagistrate Judge Baxter's Report-Recommendation pursuant to sentence four of 42 U.S.C.§ 405(g). Signed by Senior Judge Frederick J. Scullin, Jr on 8/29/14. (tab)

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UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK ________________________________________________ JAY H. MORSE, Plaintiff, v. 7:12-CV-1819 (FJS/ATB) COMMISSIONER OF SOCIAL SECURITY, Defendant. ________________________________________________ APPEARANCES OF COUNSEL JAY H. MORSE 12-B-1199 Riverview Correctional Facility P.O. Box 247 Ogdensburg, New York 13669 Plaintiff pro se SOCIAL SECURITY ADMINISTRATION OFFICE OF REGIONAL GENERAL COUNSEL, REGION II 26 Federal Plaza - Room 3904 New York, New York 10278 Attorneys for Defendant SANDRA M. GROSSFELD, ESQ. SCULLIN, Senior Judge ORDER On January 13, 2009, Plaintiff "protectively filed" an application for Supplemental Security Income ("SSI") benefits; and, on March 6, 2009, he filed an application for Social Security disability insurance benefits. After a hearing before an administrative law judge ("ALJ"), the ALJ issued a decision denying benefits. The ALJ's decision became Defendant's final decision when the Appeals Council denied Plaintiff's request for review on September 15, 2012. On December 12, 2012, Plaintiff commenced this action pro se, seeking judicial review of Defendant's final decision. See Dkt. No. 1. On March 28, 2014, Magistrate Judge Baxter issued a Report-Recommendation, in which he recommended that this Court reverse Defendant's decision and remand this case pursuant to sentence four of 42 U.S.C. § 405(g) for further evaluation consistent with his report. See Dkt. No. 26 at 20-21. Neither party filed an objections to Magistrate Judge Baxter's recommendations. 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 March 28, 2014 ReportRecommendation for clear error and manifest injustice; and, finding none, the Court hereby ORDERS that Magistrate Judge Baxter's March 28, 2014 Report-Recommendation is ACCEPTED in its entirety for the reasons stated therein; and the Court further ORDERS that Defendant's decision is REVERSED; and the Court further ORDERS that this matter is REMANDED for further proceedings in accordance with Magistrate Judge Baxter's Report-Recommendation pursuant to sentence four of 42 U.S.C. § 405(g); and the Court further -2- ORDERS that the Clerk of the Court shall enter judgment in favor of Plaintiff and close this case. IT IS SO ORDERED. Dated: August 29, 2014 Syracuse, New York -3-

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