Summary
holding that significant errors in earlier steps in the disability evaluation naturally affected step five
Summary of this case from Serianni v. AstrueOpinion
No. 6:05-CV-973 (FJS/RFT).
July 22, 2009
LAWRENCE D. HASSELER, ESQ, CONBOY, McKAY LAW FIRM, Attorney for Plaintiff, Carthage, New York.
WILLIAM H. PEASE, ESQ., Assistant U.S. Attorney, HON. ANDREW T. BAXTER, United States Attorney, for the Northern District of New York, Attorney for Defendant, Syracuse, New York.
DECISION AND ORDER
The above-captioned matter having been presented to me by the Report-Recommendation of Magistrate Judge Randolph F. Treece filed June 22, 2009 and the Court having reviewed the Report-Recommendation and the entire file in this matter, and no objections to said Report-Recommendation having been filed, the Court hereby
ORDERS that the Report-Recommendation of Magistrate Judge Randolph F. Treece filed June 22, 2009 is ACCEPTED in its entirety for the reasons stated therein; and the Court further
ORDERS that THE Commissioner's decision denying disability benefits is REVERSED and this matter is REMANDED to the Commissioner for further proceedings consistent with the Report-Recommendation.