Lindsley v. Colvin

Filing 23

ORDER adopting Magistrate Judge Hugh B. Scott's Report and Recommendation 22 as filed on August 11, 2014. The decision of the Commissioner is reversed and this matter is remanded for further administrative proceedings. It is further ordered that the defendant's motion for judgment on the pleadings 20 is denied, and plaintiff's motion for similar relief in her favor 19 is granted. -CLERK TO FOLLOW UP- The Clerk of Court shall close the case. SO ORDERED. Signed by Hon. Richard J. Arcara on 9/8/14. (LAS)

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UNITED STATES DISTRICT COURT WESTERN DISTRICT OF NEW YORK BARBARA ANNE LINDSLEY, Plaintiff, DECISION AND ORDER 13-CV-771A v. CAROLYN W. COLVIN, Acting 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). Both plaintiff and defendant moved for judgment on the pleadings. On August 11, 2014, Magistrate Judge Scott filed a Report and Recommendation, recommending that the decision of the Commissioner be reversed, defendant’s motion for judgment on the pleadings (Dkt. No. 20) should be denied, and plaintiff’s motion for similar relief in her favor (Docket No. 19) should be granted. Magistrate Judge Scott further recommended that this matter be remanded for further administrative proceedings. 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 decision of the Commissioner is reversed and this matter is remanded for further administrative proceedings. It is further ordered that defendant’s motion for judgment on the pleadings (Dkt. No. 20) is denied, and plaintiff’s motion for similar relief in her favor (Docket No. 19) is granted. The Clerk of Court shall take all steps necessary to close the case. IT IS SO ORDERED. ____Richard J. Arcara____________ HONORABLE RICHARD J. ARCARA UNITED STATES DISTRICT COURT Dated: September 8 , 2014

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