Summary
finding the ALJ did not satisfy the duty to develop the record where the ALJ held the record open to allow the plaintiff's counsel to obtain the promised additional records but no records were submitted
Summary of this case from Corona v. BerryhillOpinion
11-CV-1497
2013-09-18
ARTEISHA HARRIS, Plaintiff, v. CAROLYN W. COLVIN, Acting Commissioner of Social Security, Defendant.
OLINSKY LAW GROUP Attorneys for Plaintiff OFFICE OF REGIONAL GENERAL COUNSEL Attorneys for Defendant Social Security Administration Region II OF COUNSEL: BRANDON W. SAWYER, ESQ. HOWARD D. OLINSKY, ESQ. VERNON NORWOOD, ESQ.
APPEARANCES: OLINSKY LAW GROUP
Attorneys for Plaintiff
OFFICE OF REGIONAL GENERAL
COUNSEL
Attorneys for Defendant
Social Security Administration
Region II
OF COUNSEL: BRANDON W. SAWYER, ESQ. HOWARD D. OLINSKY, ESQ. VERNON NORWOOD, ESQ. DAVID N. HURD
United States District Judge
DECISION and ORDER
Plaintiff Arteisha Harris filed this action seeking judicial review of a final decision of the Commissioner of Social Security denying her application for child's insurance benefits and Supplemental Security Income benefits under the Social Security Act. By Report-Recommendation dated May 2, 2013, the Honorable Victor E. Bianchini, United States Magistrate Judge, recommended that the Commissioner's motion for judgment on the pleadings be denied, plaintiff's motion be granted, and this case be remanded for further proceedings. No objections to the Report-Recommendation were filed.
Based upon a careful review of the entire file and the recommendations of the Magistrate Judge, the Report-Recommendation is accepted in whole. See 28 U.S.C. § 636(b)(1).
Accordingly, it is
ORDERED that
1. The Commissioner's motion is DENIED;
2. Plaintiff's motion is GRANTED; and
3. The decision of the Commissioner is REVERSED, and this case is REMANDED to the Commissioner pursuant to sentence four of 42 U.S.C. § 405 (g) for further administrative proceedings consistent with this Report-Recommendation.
IT IS SO ORDERED.
________________________
United States District Judge
Dated: September 18, 2013
Utica, New York.