Abbott v. Commissioner of Social Security

Full title: Christine A. Abbott, Plaintiff, v. Commissioner of Social Security…

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

Date published: Dec 30, 2010

5:10-CV-0277 (NPM/ATB) (N.D.N.Y. Dec. 30, 2010)

Opinion

5:10-CV-0277 (NPM/ATB).

December 30, 2010

Jennifer Gale Smith, Esq., McMahon, Kublick Smith, P.C., Syracuse, New York, Attorney for Plaintiff.

Richard S. Hartunian, Esq., Office of the United States Attorney, Syracuse, New York, Sheena V. Williams-Barr, Esq., Social Security Administration, Office of Regional General Counsel, Region II, New York, New York, Attorneys for Defendant.

Order

NEAL McCURN, Senior District Judge

Plaintiff, Christine A. Abbott brings this action pursuant to the Social Security Act, 42 U.S.C. § 405(g), seeking review of a final decision of the defendant, Commissioner of Social Security ("the Commissioner"), denying her application for disability insurance benefits and Supplemental Security Income. By Report-Recommendation dated December 14, 2010, the Honorable Andrew T. Baxter, United States Magistrate Judge, recommends that the Commissioner's decision denying disability benefits and Supplemental Security Income be remanded for further proceedings in accordance with his recommendation and pursuant to sentence four of 42 U.S.C. § 405(g). See Dkt. No. 18. Neither party having objected thereto, and this court having carefully reviewed same for clear error, this court adopts the Report-Recommendation in its entirety. See 28 U.S.C. § 636(b)(1).

Accordingly, it is ORDERED that the Commissioner's decision denying disability benefits and Supplemental Security Income be remanded for further proceedings in accordance with the December 14, 2010 Report-Recommendation of the Honorable Andrew T. Baxter, United States Magistrate Judge and pursuant to sentence four of 42 U.S.C. § 405(g).

IT IS SO ORDERED.

DATED: December 30, 2010

Syracuse, New York