Opinion
7:13-CV-1099 (GTS/TWD)
03-26-2015
BONNIE S. DUMAS, Plaintiff, v. COMMISSIONER OF SOCIAL SECURITY, Defendant.
APPEARANCES: CONBOY, McKAY, BACHMAN & KENDALL, LLP Counsel for Plaintiff 307 State Street Carthage, New York 13619 SOCIAL SECURITY ADMINISTRATION OFFICE OF REG'L GEN. COUNSEL-REGION II Counsel for Defendant 26 Federal Plaza, Room 3904 New York, New York 10278 OF COUNSEL: LAWRENCE D. HASSELER, ESQ. SERGEI ADEN, ESQ. Special Assistant U.S. Attorney
APPEARANCES: CONBOY, McKAY, BACHMAN & KENDALL, LLP
Counsel for Plaintiff
307 State Street
Carthage, New York 13619
SOCIAL SECURITY ADMINISTRATION
OFFICE OF REG'L GEN. COUNSEL-REGION II
Counsel for Defendant
26 Federal Plaza, Room 3904
New York, New York 10278
OF COUNSEL: LAWRENCE D. HASSELER, ESQ. SERGEI ADEN, ESQ.
Special Assistant U.S. Attorney
GLENN T. SUDDABY, United States District Judge DECISION and ORDER
The above-captioned matter comes to the Court following a Report-Recommendation by United States Magistrate Judge Therèse Wiley Dancks, filed on March 19, 2015, recommending that (1) Plaintiff's motion for judgment on the pleadings be granted in part, (2) the Commissioner's decision denying disability benefits be reversed, and (3) the case be remanded to the Commissioner for further administrative proceedings pursuant to sentence four of 42 U.S.C. § 405(g). (Dkt. No. 14.) The parties have advised the Court that they do not intend to file objections to the Report-Recommendation. After carefully reviewing all of the papers herein, including Magistrate Judge Dancks' thorough Report-Recommendation, the Court can find no clear error in the Report-Recommendation. As a result, the Report-Recommendation is accepted and adopted in its entirety.
ACCORDINGLY, it is
ORDERED that Magistrate Judge Dancks' Report-Recommendation (Dkt. No. 12) is ACCEPTED and ADOPTED in its entirety; and it is further
ORDERED Defendant's motion for judgment on the pleadings (Dkt. No. 11) is DENIED ; and it is further
ORDERED that Plaintiff's motion for judgment on the pleadings (Dkt. No. 10) is GRANTED in part, as recommended in the Report-Recommendation; 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 for further administrative proceedings pursuant to sentence four of 42 U.S.C. § 405(g). Dated: March 26, 2015
Syracuse, New York
/s/_________
Hon. Glenn T. Suddaby
U.S. District Judge