Summary
remanding where ALJ failed to obtain missing records
Summary of this case from Miller v. Comm'r of Soc. Sec.Opinion
5:08-cv-0290.
December 8, 2009
Howard Olinsky, Esq., Olinsky, Shurtliff Law Firm, Syracuse, NY, Counsel for Plaintiff.
Arthur Swerdloff, Esq., Tomasina DiGrigoli, Esq., Office of Regional General Counsel, Social Security Administration, Region II, New York, NY, Counsel for Defendant.
ORDER
The above matter comes to me following a Report-Recommendation by Magistrate Judge Victor E. Bianchini, duly filed on the 20th day of November 2009. Following ten days from the service thereof, the Clerk has sent me the file, including any and all objections filed by the parties herein.
After careful review of all of the papers herein, including the Magistrate Judge's Report-Recommendation, and no objections submitted thereto, it is ORDERED that:
1. The Report-Recommendation is hereby adopted in its entirety.
2. The Commissioner's decision denying disability benefits is remanded for further proceedings in accordance with the Report-Recommendation and pursuant to 42 U.S.C. 405(g).
3. The Clerk of the Court shall serve a copy of this Order upon all parties and the Magistrate Judge assigned to this case.