Drollette v. Colvin

Filing 19

DECISION & ORDER: Accepting and Adopting the # 17 Report and Recommendations in its entirety, Plaintiff's motion for judgment on the pleadings is GRANTED, the Commissioner's decision denying disability insurance benefits and supplemental social security income is VACATED, and the # 1 Complaint as to Jennifer Drollette is REMANDED to the Commissioner for further proceedings pursuant to sentence four of 42 USC section 405(g), in accordance with the Report and Recommendation. Signed by Judge Glenn T. Suddaby on 6/23/2014. (jmb)

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF NEW YORK
________________________________________
JENNIFER DROLLETTE,
Plaintiff,

8:13-CV-0280
(GTS/CFH)

v.
CAROLYN COLVIN, Comm’r of Soc. Sec.,
Defendant.
________________________________________
APPEARANCES:

OF COUNSEL:

SCHNEIDER & PALCSIK
Counsel for Plaintiff
57 Court Street
Plattsburgh, NY 12901

MARK A. SCHNEIDER, ESQ.

SOCIAL SECURITY ADMINISTRATION
OFFICE OF REG’L GEN. COUNSEL–REGION II
Counsel for Defendant
26 Federal Plaza, Room 3904
New York, New York 10278

AMANDA J. LOCKSHIN, ESQ.
ROBERT R. SCHRIVER, ESQ.

GLENN T. SUDDABY, United States District Judge
DECISION and ORDER
The above-captioned matter comes to this Court following a Report-Recommendation by
United States Magistrate Judge Christian F. Hummel, filed on June 5, 2014, recommending that
(1) Plaintiff’s motion for judgment on the pleadings be granted, (2) the Commissioner’s decision
denying disability insurance benefits and supplemental social security income be vacated, and
(3) the case be remanded to the Commissioner for further proceedings pursuant to sentence four
of 42 U.S.C. § 405(g). (Dkt. No. 17.) Objections to the Report-Recommendation have not been
filed and the time in which to do so has expired. (See generally Docket Sheet.) After carefully
reviewing all of the papers herein, including Magistrate Judge Hummel’s thorough Report-

Recommendation, the Court can find no clear error in the Report-Recommendation. As a result,
the Report-Recommendation is accepted and adopted in its entirety; Plaintiff’s motion for
judgment on the pleadings is granted; the Commissioner’s decision denying disability insurance
benefits and supplemental social security income is vacated; and the case is remanded to the
Commissioner for further proceedings pursuant to sentence four of 42 U.S.C. § 405(g), in
accordance with the Report-Recommendation.
ACCORDINGLY, it is
ORDERED that Magistrate Judge Hummel’ Report-Recommendation (Dkt. No. 17) is
ACCEPTED and ADOPTED in its entirety; and it is further
ORDERED that Plaintiff’s motion for judgment on the pleadings (Dkt. No. 12) is
GRANTED; and it is further
ORDERED that the Commissioner’s decision denying disability insurance benefits and
supplemental social security income is VACATED; and it is further
ORDERED that this matter is REMANDED to the Commissioner for further
proceedings pursuant to sentence four of 42 U.S.C. § 405(g), in accordance with the ReportRecommendation.
Dated: June 23, 2014
Syracuse, New York

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