Alguire v. Commissioner of Social Security

Filing 17

ORDER - That the 16 Report-Recommendations and Order is ADOPTED in its entirety. That the Commissioner's decision is REVERSED and the case is REMANDED pursuant to sentence four of 42 U.S.C. § 405(g) for further proceedings in accordance with the Report-Recommendation and Order. Signed by Senior Judge Gary L. Sharpe on 4/8/2016. (jel, )

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UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK ________________________________ TIMOTHY D. ALGUIRE, Plaintiff, 7:14-cv-1580 (GLS/CFH) v. COMMISSIONER OF SOCIAL SECURITY, Defendant. ________________________________ APPEARANCES: OF COUNSEL: FOR THE PLAINTIFF: Conboy, McKay Law Firm 307 State Street Carthage, NY 13619 LAWRENCE D. HASSELER, ESQ. FOR THE DEFENDANT: HON. RICHARD S. HARTUNIAN United States Attorney 100 South Clinton Street Syracuse, NY 13261 AMANDA J. LOCKSHIN DANIEL R. JANES Special Assistant U.S. Attorneys Steven P. Conte Regional Chief Counsel Social Security Administration Office of General Counsel, Region II 26 Federal Plaza, Room 3904 New York, NY 10278 Gary L. Sharpe Senior District Judge ORDER The above-captioned matter comes to this court following a ReportRecommendation and Order by Magistrate Judge Christian F. Hummel, duly filed on March 16, 2016. (Dkt. No. 16.) Following fourteen days from the service thereof, the Clerk has sent the file, including any and all objections filed by the parties herein. No objections having been filed, and the court having reviewed the Report-Recommendation and Order for clear error, it is hereby ORDERED that the Report-Recommendation and Order (Dkt. No. 16) is ADOPTED in its entirety; and it is further ORDERED that the Commissioner’s decision is REVERSED and the case is REMANDED pursuant to sentence four of 42 U.S.C. § 405(g) for further proceedings in accordance with the Report-Recommendation and Order; and it is further ORDERED that the clerk of the court serve a copy of this order upon the parties in accordance with this court’s Local Rules. IT IS SO ORDERED. April 8, 2016 Albany, New York 2

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