Leonard v. Commissioner of Social Security

Filing 16

DECISION & ORDER. The Court adopts the Report-Recommendation 15 , and the decision of the Commissioner is REVERSED, and the matter is REMANDED to the Commissioner pursuant to sentence four of 42 U.S.C. 405(g) for further proceedings consistent with Magistrate Judge Dancks' Report and Recommendation. Signed by Senior Judge Thomas J. McAvoy on 3/28/2016. (lah)

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF NEW YORK
________________________________________
JAMIE L. LEONARD,
Plaintiff,
v.

7:15-CV-00125
(TJM/TWD)

CAROLYN W. COLVIN,
COMMISSIONER OF SOCIAL SECURITY,
Defendant.
_________________________________________
THOMAS J. McAVOY,
Senior United States District Judge

DECISION & ORDER
This matter was referred to the Hon. Thérèse Wiley Dancks, United States
Magistrate Judge, for a Report and Recommendation pursuant to 28 U.S.C. § 636(b) and
Rule 72.3(d) of the Local Rules of the Northern District of New York. In a Report and
Recommendation dated March 2, 2016, Magistrate Judge Dancks recommends that the
decision of the Commissioner be reversed and the matter be remanded to the
Commissioner pursuant to sentence four of 42 U.S.C. § 405(g) for further proceedings
consistent with the Report and Recommendation. No objections to the Report and
Recommendation have been lodged and the time for filing objections has expired.
CONCLUSION
After examining the record, this Court has determined that the Report and
Recommendation is not subject to attack for plain error or manifest injustice. Therefore,

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the Court ADOPTS the Report and Recommendation [dkt. # 15] for the reasons stated
therein, and the decision of the Commissioner is REVERSED and the matter is
REMANDED to the Commissioner pursuant to sentence four of 42 U.S.C. § 405(g) for
further proceedings consistent with Magistrate Judge Dancks’ Report and
Recommendation.
IT IS SO ORDERED.
Dated:March 28, 2016

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