Kennedy v. Commissioner of Social Security

Filing 17

DECISION AND ORDER -- the 16 Report and Recommendations of Magistrate Peebles is accepted and adopted in its entirety. This action is remanded to the Commissioner of Social Security for further processing pursuant to sentence four of 42 U.S.C. § 405(g). Signed by Judge Glenn T. Suddaby on 8/24/10. (mnm)

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Kennedy v. Commissioner of Social Security Doc. 17 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK _______________________________________ SHERRY KENNEDY, Plaintiff, v. COMMISSIONER OF SOCIAL SECURITY, Defendant. _______________________________________ APPEARANCES: OFFICE OF JUDITH A. PAREIRA Counsel for Plaintiff 129 South Main Street, Suite 5 Saranac Lake, NY 12983 SOCIAL SECURITY ADMINISTRATION OFFICE OF REGIONAL GEN. COUNSEL Counsel for Defendant 26 Federal Plaza, Room 3904 New York, NY 10278 OF COUNSEL: JUDITH A. PAREIRA, ESQ. 8:09-CV-0143 (GTS/DEP) CHRISTOPHER J. BRACKETT, ESQ. DENNIS J. CANNING, ESQ. SOMMATTIE RAMRUP, ESQ. HON. GLENN T. SUDDABY, United States District Judge DECISION and ORDER The above-captioned action comes to this Court following a Report-Recommendation by United States Magistrate Judge David E. Peebles, filed on June 14, 2010, recommending that Plaintiff's motion for judgment on the pleadings be granted and the Commissioner's decision denying disability benefits be vacated, and the action be remanded back to the Commissioner for further proceedings pursuant to sentence four of 42 U.S.C. 405(g). (Dkt. No. 16.) No Objections to the Report-Recommendation have been filed, and the time in which to do so has expired. After carefully reviewing all of the papers herein, including Magistrate Judge Peebles' thorough Report-Recommendation, the Court can find no error in the Report-Recommendation, Dockets.Justia.com clear or otherwise. As a result, the Report-Recommendation is accepted and adopted in its entirety; and the action is remanded back to the Commissioner for further proceedings pursuant to sentence four of 42 U.S.C. 405(g). ACCORDINGLY, it is ORDERED that Magistrate Judge Peebles' Report-Recommendation (Dkt. No. 16) is ACCEPTED and ADOPTED in its entirety; and it is further ORDERED that this action is REMANDED to the Commissioner of Social Security for further proceedings pursuant to sentence four of 42 U.S.C. 405(g). Dated: August 24, 2010 Syracuse, New York 2

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