Berger v. Commissioner of Social Security

Filing 18

MEMORANDUM-DECISION AND ORDER: It is hereby ORDERED that Magistrate Judge Peebles's Report-Recommendation (Dkt. No. 17 ) is ADOPTED in all respects. It is further ORDERED that Plaintiff's motion for judgment on the pleadings (Dkt. No. [12 ]) is GRANTED. It is further ORDERED that Defendant's motion for judgment on the pleadings (Dkt. No. 13 ) is DENIED. It is further ORDERED that this matter is REMANDED for further proceedings consistent with this decision and order, without a directed finding of disability, pursuant to sentence four of 42 U.S.C. § 405(g). It is further respectfully ORDERED that the Clerk of the Court enter Judgment and close this case. Signed by Chief Judge Brenda K. Sannes on 11/14/2023. (nmk)

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF NEW YORK
MATTHEW LLOYD B.,
Plaintiff,

8:22-cv-01295 (BKS/DEP)

v.
COMMISSIONER OF SOCIAL SECURITY,
Defendant.
Appearances:
For Plaintiff:
Howard D. Olinsky
Kaelin L. Richard
Olinsky Law Group
250 South Clinton Street - Suite 210
Syracuse, NY 13202
For Defendant:
Carla B. Freedman
United States Attorney
Geoffrey M. Peters
Special Assistant United States Attorney
Social Security Administration
6401 Security Boulevard
Baltimore, MD 21235
Hon. Brenda K. Sannes, United States District Judge:
MEMORANDUM-DECISION AND ORDER
Plaintiff filed this action under 42 U.S.C. § 405(g) seeking review of a decision by the
Commissioner of Social Security (the “Commissioner”) denying Plaintiff’s application for
Disability Insurance Benefits. (Dkt. No. 1). This matter was referred to United States Magistrate
Judge David E. Peebles for a Report and Recommendation. (Dkt. No. 17). On September 29,
2023, after reviewing the parties’ briefs, (Dkt. Nos. 12, 13, 14), and the Administrative Transcript,

(Dkt. No. 9), Magistrate Judge Peebles issued a Report and Recommendation recommending that
Plaintiff’s motion for judgment on the pleadings be granted, Defendant’s motion for judgment on the
pleadings be denied, the Commissioners decision be vacated, and this matter be remanded for further
proceedings, without a directed finding of disability. (Dkt. No. 17, at 32). Magistrate Judge Peebles
advised the parties that under 28 U.S.C. § 636(b)(1), they had “14 days within which to file written
objections” to the Report and Recommendation and that “failure to object to th[e] report within 14
days will preclude appellate review.” Id. (citing Roldan v. Racette, 984 F.2d 85 (2d Cir. 1993).

Neither party filed an objection to the Report-Recommendation.
As no objection to the Report-Recommendation has been filed, and the time for filing
objections has expired, the Court reviews the Report-Recommendation for clear error. See
Petersen v. Astrue, 2 F. Supp. 3d 223, 228–29 (N.D.N.Y. 2012); Fed. R. Civ. P. 72(b) advisory
committee’s note to 1983 amendment. Having reviewed the Report and Recommendation for
clear error and having found none, the Court adopts the Report and Recommendation in its
entirety.
For these reasons, it is hereby
ORDERED that Magistrate Judge Peebles’s Report-Recommendation (Dkt. No. 17) is
ADOPTED in all respects; 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 Defendant’s motion for judgment on the pleadings (Dkt. No. 13) is
DENIED; and it is further
ORDERED that this matter is REMANDED for further proceedings consistent with this
decision and order, without a directed finding of disability, pursuant to sentence four of 42
U.S.C. § 405(g).; and it is further respectfully
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ORDERED that the Clerk of the Court enter Judgment and close this case.
IT IS SO ORDERED.
Dated: November 14, 2023
Syracuse, New York

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