Thorne v. Colvin

Filing 19

DECISION AND ORDER adopting Magistrate Judge Hugh B. Scott's Report and Recommendation 18 . The Defendant's motion for judgment on the pleadings 11 is denied, and Plaintiff's motion for similar relief 6 is granted. It is further ORDERED that the decision of the Commissioner is vacated and this matter 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. Signed by Hon. Richard J. Arcara on 8/31/17. (LAS)-CLERK TO FOLLOW UP-

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF NEW YORK

JOSHUA R. THORNE,
Plaintiff,
DECISION AND ORDER
15-CV-659

v.
NANCY A. BERRYHILL, Acting
Commissioner of the Social Security
Administration,
Defendant.

The above-referenced case was referred to Magistrate Judge Hugh B.
Scott, pursuant to 28 U.S.C. § 636(b)(1)(B). On August 2, 2017, Magistrate Judge
Scott filed a Report and Recommendation (Dkt. No. 18), recommending that the
Defendant’s motion for judgment on the pleadings (Dkt. No. 11) be denied, and
Plaintiff’s motion for similar relief (Dkt. No. 6) be granted. Magistrate Judge Scott
further recommends that the decision of the Commissioner be vacated and 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 Defendant’s
motion for judgment on the pleadings is denied, and Plaintiff’s motion for similar relief is
granted. It is further ORDERED that the decision of the Commissioner is vacated and

this matter 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.

IT IS SO ORDERED.

____Richard J. Arcara____________
HONORABLE RICHARD J. ARCARA
UNITED STATES DISTRICT COURT
Dated: August 31, 2017