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holding that remand was required where the ALJ failed to "even acknowledge that [a teacher's] opinion was in the record
Summary of this case from Johnson ex rel. C.S.G. v. ColvinOpinion
6:13-CV-142 (DNH/TWD)
03-31-2014
ELIZABETH BAEZ, on behalf of D.J., Plaintiff, v. CAROLYN W. COLVIN, COMMISSIONER OF SOCIAL SECURITY, Defendant.
APPEARANCES: Empire Justice Center Attorneys for Plaintiff OFFICE OF GENERAL COUNSEL Attorneys for Defendant Social Security Administration HON. RICHARD S. HARTUNIAN United States Attorney for the Northern District of New York Counsel for Defendant OF COUNSEL: LOUISE MARIE TARANTINO, ESQ. STEPHEN P. CONTE, ESQ. Chief Counsel, Region II TOMASINA DIGRIGOLI, ESQ. Special Ass't U.S. Attorney
APPEARANCES: Empire Justice Center
Attorneys for Plaintiff
OFFICE OF GENERAL COUNSEL
Attorneys for Defendant
Social Security Administration
HON. RICHARD S. HARTUNIAN
United States Attorney for the
Northern District of New York
Counsel for Defendant
OF COUNSEL: LOUISE MARIE TARANTINO, ESQ. STEPHEN P. CONTE, ESQ.
Chief Counsel, Region II
TOMASINA DIGRIGOLI, ESQ.
Special Ass't U.S. Attorney
DAVID N. HURD
United States District Judge
DECISION and ORDER
Plaintiff Elizabeth Baez filed this action on behalf of D.J., a child, seeking judicial review of a final decision of the Commissioner of Social Security denying her application for disability insurance benefits and supplemental security income for D.J. under the Social Security Act. By Report-Recommendation dated March 11, 2014, the Honorable Thérèse Wiley Dancks, United States Magistrate Judge, recommended that the matter be remanded to the Commissioner for further proceedings consistent with the Report-Recommendation. No objections to the Report-Recommendation were filed.
Based upon a careful review of the entire file and the recommendations of the Magistrate Judge, the Report-Recommendation is accepted in whole. See 28 U.S.C. § 636(b)(1).
Accordingly, it is
ORDERED that
1. The Commissioner's decision is VACATED; and
2. This matter is REMANDED to the Commissioner pursuant to sentence four of 42 U.S.C. § 405(g) for further administrative proceedings consistent with the Report-Recommendation.
IT IS SO ORDERED.
__________
United States District Judge
Dated: March 31, 2014
Utica, New York.