Agee v. Commissioner of Social Security

Filing 18

ORDER adopting Report and Recommendation re 17 denying Commissioner's motion for judgment on the pleadings and granting in part claimant's motion for similar relief. The case is remanded for further administrative proceedings consistent with the Report and Recommendation. Clerk of Court to close case. Signed by Hon. Richard J. Arcara on 1/8/2013. (JMB)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF NEW YORK

ANTOINETTE AGEE O/B/O M.P.W.,
Petitioner,
ORDER
12-CV-657A

v.
MICHAEL J. ASTRUE,
COMMISSIONER OF SOCIAL SECURITY,

Defendant.

The above-referenced case was referred to Magistrate Judge Hugh B.

Scott, pursuant to 28 U.S.C. § 636(b)(1)(B). On December 6, 2013, Magistrate Judge
Scott filed a Report and Recommendation, recommending that the Commissioner’s
motion for judgment on the pleadings be denied, that Claimant’s motion for similar relief
be granted in part, and that the case be remanded for further administrative
proceedings consistent with the Report and Recommendation.
The Court has carefully reviewed the Report and Recommendation, the
record in this case, and the pleadings and materials submitted by the parties, and no
objections having been timely filed, it is hereby
ORDERED, that pursuant to 28 U.S.C. § 636(b)(1), and for the reasons
set forth in Magistrate Judge Scott’s Report and Recommendation, the Commissioner’s
motion for judgment on the pleadings is denied, Claimant’s motion for similar relief is
granted in part and the case is remanded for further administrative proceedings
consistent with the Report and Recommendation.

The Clerk of Court shall take all steps necessary to close the case.
SO ORDERED.

s/ Richard J. Arcara
HONORABLE RICHARD J. ARCARA
UNITED STATES DISTRICT JUDGE
DATED: January 8, 2014