LaFreniere v. Astrue

Full title: VICKI L. LaFRENIERE, Plaintiff, v. MICHAEL J. ASTRUE, Comm'r of Soc. Sec.…

Court: United States District Court, N.D. New York

Date published: Sep 22, 2010

7:09-CV-0167 (GTS/VEB) (N.D.N.Y. Sep. 22, 2010)

Opinion

7:09-CV-0167 (GTS/VEB).

September 22, 2010

LAWRENCE D. HASSELER, ESQ., CONBOY McKAY BACHMAN KENDALL, LLP, Counsel for Plaintiff, Carthage, New York.

TOMASINA DiGRIGOLI, ESQ., SOCIAL SECURITY ADMINISTRATION, OFFICE OF REGIONAL GENERAL COUNSEL, Counsel for Defendant, New York, New York.

DECISION and ORDER

GLENN SUDDABY, District Judge

The above-captioned action comes to this Court following a Report-Recommendation by United States Magistrate Judge Victor E. Bianchini, filed on July 27, 2010, 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 reversed, 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. 17.) 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 in this action, 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 reversed; 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. 17) is ACCEPTED and ADOPTED in its entirety; and it is further

ORDERED that the Commissioner's motion for judgment on the pleadings (Dkt. Nos. 7, 14) is DENIED ; and it is further

ORDERED that Plaintiff's motion for judgment on the pleadings (Dkt. Nos. 1, 9) is GRANTED ; and it is further

ORDERED that the Commissioner's decision denying disability benefits is REVERSED ; 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); and it is further

ORDERED that the Commissioner assign a different Administrative Law Judge on remand.

Dated: September 22, 2010

Syracuse, New York