Zahirovic v. Astrue

Full title: NAHID ZAHIROVIC, Plaintiff, v. MICHAEL J. ASTRUE, Commissioner of Social…

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

Date published: Sep 30, 2008

6:06-CV-981 (N.D.N.Y. Sep. 30, 2008)

Opinion

6:06-CV-981.

September 30, 2008

OF COUNSEL: PETER W. ANTONOWICZ, ESQ., FOR PLAINTIFF: ANTONOWICZ LAW FIRM, Rome, NY.

FOR DEFENDANT: HON. ANDREW T. BAXTER, Acting United States Attorney for the Northern District of New York, Syracuse, NY.

BARBARA L. SPIVAK, ESQ., Chief Counsel, Region II, OFFICE OF GENERAL COUNSEL, Social Security Administration, New York, NY.

KIMBERLY L. SCHIRO, ESQ., Assistant Regional Counsel.

ORDER

NORMAN MORDUE, District Judge

The above matter comes to me following a Report-Recommendation by Magistrate Judge David E. Peebles, duly filed on the 15^th day of September 2008. Following ten days from the service thereof, the Clerk has sent me the file, including any and all objections filed by the parties herein.

After careful review of all of the papers herein, including the Magistrate Judge's Report-Recommendation, and no objections submitted thereto, it is

ORDERED that:

1. The Report-Recommendation is hereby adopted in its entirety.

2. The plaintiff's motion for judgment on the pleadings is granted, the Commissioner's finding of disability is vacated, and the matter is remanded to the agency for further consideration.

3. The Clerk of the Court shall serve a copy of this Order upon all parties and the Magistrate Judge assigned to this case.

IT IS SO ORDERED.