Opinion
6:13-CV-1408 (GTS/TWD)
06-25-2015
LEO GREGORKA; and EVE GREGORKA, Plaintiffs, v. COMMISSIONER OF SOCIAL SECURITY, Defendant.
APPEARANCES: LEO GREGORKA and EVE GREGORKA Plaintiffs, Pro Se 108 Church Street Little Falls, New York 13365 SOCIAL SECURITY ADMINISTRATION OFFICE OF REG'L GEN. COUNSEL - REGION II Counsel for Defendant 26 Federal Plaza, Room 3904 New York, NY 10278 OF COUNSEL: EMILY M. FISHMAN, ESQ.
APPEARANCES: LEO GREGORKA and EVE GREGORKA
Plaintiffs, Pro Se
108 Church Street
Little Falls, New York 13365
SOCIAL SECURITY ADMINISTRATION
OFFICE OF REG'L GEN. COUNSEL - REGION II
Counsel for Defendant
26 Federal Plaza, Room 3904
New York, NY 10278
OF COUNSEL: EMILY M. FISHMAN, ESQ. GLENN T. SUDDABY, United States District Judge DECISION and ORDER
The above matter comes to this Court following a Report-Recommendation by United States Magistrate Judge Therese Wiley Dancks, filed on May 28, 2015, recommending that the Commissioner's decision denying benefits be affirmed with regard to Social Security income benefits ("SSI") but reversed with regard to disability insurance benefits ("DIB"). (Dkt. No. 14.) No objections to the Report-Recommendation have been filed and the time in which to do so has expired. After carefully reviewing all of the papers herein, including Magistrate Judge Dancks' 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; and the case is remanded to the Commissioner of Social Security for further proceedings pursuant to sentence four of 42 U.S.C. § 405(g).
ACCORDINGLY, it is
ORDERED that Magistrate Judge Dancks' Report-Recommendation (Dkt. No. 20) is ACCEPTED and ADOPTED in its entirety; and it is further
ORDERED that the Commissioner's decision is AFFIRMED with regard to the denial of SSI benefits but REVERSED with regard to the denial of DIB benefits; and it is further
ORDERED that this matter is REMANDED to the Commissioner for further proceedings pursuant to sentence four of 42 U.S.C. § 405(g). Dated: June 25, 2015
Syracuse, New York
/s/_________
Hon. Glenn T. Suddaby
U.S. District Judge