Alberalla v. Colvin

Filing 21

ORDER adopting Magistrate Judge Hugh B. Scott's Report and Recommendation as filed on August 22, 2014. Plaintiff's motion for judgment on the pleadings (Dkt. No. 17) is granted, and the case is remanded for full development of the medical record and assessment of disability. To the extent that plaintiff's motion requests any other relief, it is denied. SO ORDERED. -CLERK TO FOLLOW UP- The Clerk of Court shall close the case Signed by Hon. Richard J. Arcara on 10/20/14. (LAS) Modified on 10/21/2014 (Staff, Lisa).

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF NEW YORK

BELINDA KAY ALBERALLA,
Plaintiff,
ORDER
13-CV-881A

v.
CAROLYN W. COLVIN,
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). Plaintiff filed a motion for judgment on the
pleadings (Dkt. No. 17), and the Commissioner filed a cross-motion (Dkt. No. 18) for
similar relief. Oral argument was held before Magistrate Judge Scott on July 10, 2014.
On August 22, 2014, Magistrate Judge Scott filed a Report and Recommendation,
recommending that plaintiff’s motion for judgment on the pleadings (Dkt. No. 17) be
granted in part, and the case be remanded for completion of the medical record and
reassessment of the plaintiff’s mental and physical disability. Magistrate Judge Scott
further recommended plaintiff’s motion, to the extent it requests other relief, be denied.
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, plaintiff’s motion for

judgment on the pleadings (Dkt. No. 17) is granted, and the case is remanded for full
development of the medical record and reassessment of disability. To the extent that
plaintiff’s motion requests any other relief, it is denied.
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: October 20, 2014