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)

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

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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

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