Dygert v. Astrue

Full title: REBECCA L. DYGERT, Plaintiff, v. MICHAEL J. ASTRUE, Commissioner of Social…

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

Date published: Sep 29, 2010

6:09-CV-0325 (GTS/VEB) (N.D.N.Y. Sep. 29, 2010)

Opinion

6:09-CV-0325 (GTS/VEB).

September 29, 2010

MICHAEL V. DeSANTIS, ESQ., DeSANTIS DeSANTIS, Counsel for Plaintiff, Utica, New York.

CHRISTOPHER J. BRACKETT, ESQ., DENNIS J. CANNING, ESQ., SOMMATTIE RAMRUP, ESQ., SOCIAL SECURITY ADMINISTRATION, OFFICE OF REGIONAL GEN. COUNSEL, Counsel for Defendant, New York, New York.

DECISION and ORDER

GLENN SUDDABY, District Judge

The above-captioned action for Social Security benefits, filed by Rebecca Dygert ("Plaintiff") against Social Security Commissioner Michael Astrue ("Defendant"), comes to this Court following a Report-Recommendation by United States Magistrate Judge Victor E. Bianchini, filed on September 7, 2010, recommending as follows: (1) that Plaintiff's motion for judgment on the pleadings be granted; (2) that Defendant's motion for judgment on the pleadings be denied; (3) that Defendant's decision denying disability benefits be reversed; and (4) that the case be remanded to Defendant for further proceedings pursuant to sentence four of 42 U.S.C. § 405(g). (Dkt. No. 19.) 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 herein, 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; Defendant's motion for judgment on the pleadings is denied; Plaintiff's motion for judgment on the pleadings is granted; Defendant's decision denying disability benefits is reversed; and the case is remanded to Defendant 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. 19) is ACCEPTED and ADOPTED in its entirety; and it is further

ORDERED that Plaintiff's motion for judgment on the pleadings (Dkt. No. 13) is GRANTED ; and it is further

ORDERED that Defendant's motion for judgment on the pleadings (Dkt. No. 16) is DENIED ; and it is further

ORDERED that Defendant's decision denying disability benefits is REVERSED ; and it is further

ORDERED that this matter is REMANDED to Defendant for further proceedings pursuant to sentence four of 42 U.S.C. § 405(g).

Dated: September 29, 2010

Syracuse, New York