Hutchison v. Kijakazi

Filing 18

DECISION AND ORDER that Magistrate Judge Baxter's Report-Recommendation (Dkt. No. 16 ) is ACCEPTED and ADOPTED in its entirety. Plaintiff's motion for judgment on the pleadings (Dkt. No. 10 ) is GRANTED. Defendant's motion for judgment on the pleadings (Dkt. No. 14 ) is DENIED. The Commissioner's decision denying disability benefits is REVERSED. This matter is REMANDED to the Commissioner of Social Security for further proceedings pursuant to sentence four of 42 U.S.C. § 405(g). Signed by U.S. District Judge Glenn T Suddaby on 2/7/2024. (sal )

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF NEW YORK
_______________________________________________
CATHERINE J. H.,
Plaintiff,

8:23-CV-0160
(GTS/MJK)

v.
COMMISSIONER OF SOCIAL SECURITY,
Defendant.
_______________________________________________
APPEARANCES:

OF COUNSEL:

LAW OFFICES OF KENNETH HILLER
Counsel for Plaintiff
6000 North Bailey Avenue, Suite 1A
Amherst, New York 14226

JUSTIN M. GOLDSTEIN, ESQ.

SOCIAL SECURITY ADMINISTRATION
OFFICE OF GENERAL COUNSEL
Counsel for Defendant
6401 Security Boulevard
Baltimore, Maryland 21235

VERNON NORWOOD, ESQ.
Special Assistant U.S. Attorney

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 Andrew T. Baxter,1 filed on December 15, 2023, recommending that (1)
Plaintiff’s motion for judgment on the pleadings be granted, (2) Defendant’s motion for
judgment on the pleadings be denied, (3) the Commissioner’s decision denying disability benefits
be reversed, and (4) this matter be remanded to the Commissioner for further proceedings
pursuant to sentence four of 42 U.S.C. § 405(g). (Dkt. No. 16.) Objections to the Report1

On January 5, 2024, this matter was reassigned to United States Magistrate Judge
Mitchell J. Katz because of Magistrate Judge Baxter’s retirement. (Dkt. No. 17.)

Recommendation have not been filed, and the deadline by which to do so has expired. (See
generally Docket Sheet.)
After carefully reviewing all of the papers herein, including Magistrate Judge Baxter’s
thorough Report-Recommendation, the Court can find no clear error in the ReportRecommendation.2 Magistrate Judge Baxter employed the proper legal standards, accurately
recited the facts, and correctly applied the law to those facts. (Dkt. No. 16.) As a result, the
Report-Recommendation is accepted and adopted in its entirety for the reasons stated therein;
Plaintiff’s motion for judgment on the pleadings is granted, Defendant’s motion for judgment on
the pleadings is denied, the Commissioner’s decision is vacated, and this matter is remanded to
the Commissioner for further proceedings pursuant to sentence four of 42 U.S.C. § 405(g).
ACCORDINGLY, it is
ORDERED that Magistrate Judge Baxter’s Report-Recommendation (Dkt. No. 16) is
ACCEPTED and ADOPTED in its entirety; and it is further
ORDERED that Plaintiff’s motion for judgment on the pleadings (Dkt. No. 10) is
GRANTED; and it is further
ORDERED that Defendant’s motion for judgment on the pleadings (Dkt. No. 14) is
DENIED; and it is further

2

When no specific objection is made to a report-recommendation, the Court
subjects that report-recommendation to only a clear-error review. Fed. R. Civ. P. 72(b),
Advisory Committee Notes: 1983 Addition. When performing such a clear-error review, “the
court need only satisfy itself that there is no clear error on the face of the record in order t accept
the recommendation.” Id.; see also Batista v. Walker, 94-CV-2826, 1995 WL 453299, at *1
(S.D.N.Y. July 31, 1995) (Sotomayor, J.) (“I am permitted to adopt those sections of [a
magistrate judge’s] report to which no specific objection is made, so long as those sections are
not facially erroneous.”) (internal quotation marks omitted).
2

ORDERED that the Commissioner’s decision denying disability benefits is
REVERSED; and it is further
ORDERED that this matter is REMANDED to the Commissioner of Social Security for
further proceedings pursuant to sentence four of 42 U.S.C. § 405(g).
Dated: February 7, 2024
Syracuse, New York

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