Summary
concluding it was "error to grant the disability analyst's opinion `some weight,' as if it were a medical opinion"
Summary of this case from Hilsdorf v. Commissioner of Social SecurityOpinion
No. 3:08-CV-0810 (FJS/VEB).
December 16, 2009
For the Plaintiff, Lars P. Mead, Esq., Coughlin, Gerhart Law Firm, Binghamton, NY.
For the Defendant, Jennifer S. McMahon, Esq., Michael J. Astrue, Commissioner of of Social Security, Office of Regional General Counsel — Region II, New York, New York.
DECISION AND ORDER
Currently before the Court is Magistrate Judge Victor E. Bianchini's November 23, 2009 Report and Recommendation to which the parties have filed no objections. Having reviewed that Report and Recommendation and the entire file in this matter, the Court hereby
ORDERS that the Report and Recommendation of Magistrate Judge Victor E. Bianchini filed November 23, 2009 is ACCEPTED in its entirety, for the reasons stated therein, and the Court
ORDERS that the Commissioner's decision denying disability benefits is REMANDED for further proceedings consistent with the Report and Recommendation.
IT IS SO ORDERED.