Opinion
08-22-2013
WALLACE FLAGG, JR., Plaintiff, v. CAROLYN W. COLVIN, Acting Comm'r of Soc. Sec., Defendant.
OLINSKY LAW GROUP Counsel for Plaintiff SOCIAL SECURITY ADMINISTRATION OFFICE OF REG'L GEN. COUNSEL Counsel for Defendant OF COUNSEL: KAREN S. SOUTHWICK, ESQ. TANISHA T. BRAMWELL, ESQ. AMANDA J. LOCKSHIN, ESQ. REBECCA H. ESTELLE, ESQ.
APPEARANCES: OLINSKY LAW GROUP
Counsel for Plaintiff
SOCIAL SECURITY ADMINISTRATION
OFFICE OF REG'L GEN. COUNSEL
Counsel for Defendant
OF COUNSEL: KAREN S. SOUTHWICK, ESQ.
TANISHA T. BRAMWELL, ESQ.
AMANDA J. LOCKSHIN, ESQ.
REBECCA H. ESTELLE, ESQ.
GLENN T. SUDDABY, United States District Judge
DECISION and ORDER
The above matter comes to this Court following a Report-Recommendation by United States Magistrate Judge Victor E. Bianchini, filed on June 25, 2013, recommending that (1) the Commissioner's motion for judgment on the pleadings be denied, (2) Plaintiff's motion for judgment on the pleadings be granted, (3) the Commissioner's decision denying disability benefits be vacated, and (4) the case be remanded to the Commissioner for further proceedings pursuant to sentence four of 42 U.S.C. § 405(g). (Dkt. No. 18.) Objections to the Report-Recommendation have not been filed, and the time in which to do so has expired. After carefully reviewing all of the papers herein, including Magistrate Judge Bianchini's thorough Report-Recommendation, the Court can find no error in the Report-Recommendation, clear or otherwise. As a result, the Report-Recommendation is accepted and adopted in its entirety; the Commissioner's motion for judgment on the pleadings is denied; Plaintiff's motion for judgment on the pleadings is granted; the Commissioner's decision denying disability benefits is vacated; and the case is remanded to the Commissioner for further proceedings pursuant to sentence four of 42 U.S.C. § 405(g).
ACCORDINGLY, it is
ORDERED that Magistrate Judge Bianchini's Report-Recommendation (Dkt. No. 18) is ACCEPTED and ADOPTED in its entirety; and it is further
ORDERED the Commissioner's motion for judgment on the pleadings (Dkt. No. 16) is DENIED; and it is further
ORDERED that Plaintiff's motion for judgment on the pleadings (Dkt. No. 11) is GRANTED; and it is further
ORDERED that the Commissioner's decision denying disability benefits is VACATED; and it is further
ORDERED that this matter is REMANDED to the Commissioner of Social Security for further proceedings pursuant to sentence four of 42 U.S.C. § 405(g). Dated: August 22, 2013
Syracuse, New York
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Hon. Glenn T. Suddaby
U.S. District Judge