Ahmed v. Colvin

Filing 21

DECISION AND ORDER adopting Magistrate Judge Michael J. Roemer's Report and Recommendation 20 . Plaintiff's motion for judgment on the pleadings 11 is granted and the Commissioner's motion for similar relief 17 is denied. The ma tter is remanded to the Commissioner for further administrative proceedings consistent with the Report and Recommendation. The Clerk of the Court shall take all steps necessary to close the case. SO ORDERED. Signed by Hon. Richard J. Arcara on 4/27/17. (LAS)-CLERK TO FOLLOW UP-

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UNITED STATES DISTRICT COURT WESTERN DISTRICT OF NEW YORK JAMAL ABDO AHMED, Plaintiff, DECISION AND ORDER 14-CV-155A v. NANCY A. BERRYHILL, Acting Commissioner of Social Security, Defendant. The above-referenced case was referred to Magistrate Judge Michael J. Roemer, pursuant to 28 U.S.C. § 636(b)(1)(B). On March 28, 2017, Magistrate Judge Roemer filed a Report and Recommendation (Dkt. No. 20), recommending that Plaintiff’s motion for judgment on the pleadings (Dkt. No. 11) be granted, that the Commissioner’s motion for similar relief (Dkt. No. 17) be denied, and this matter be remanded to the Commissioner 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 Roemer’s Report and Recommendation, Plaintiff’s motion for judgment on the pleadings is granted, the Commissioner’s motion for similar relief is denied, and this matter is remanded to the Commissioner for further administrative proceedings consistent with Magistrate Judge Roemer’s Report and Recommendation. 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: April 27, 2017

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