Opinion
5:18-CV-1079 (GTS/ATB)
12-18-2019
BENJAMIN M., Plaintiff, v. COMMISSIONER OF SOCIAL SECURITY, Defendant.
APPEARANCES: LAW OFFICES OF KENNETH HILLER, PLLC Counsel for Plaintiff 6000 North Bailey Avenue, Suite 1A Amherst, New York 14226 SOCIAL SECURITY ADMINISTRATION OFFICE OF REG'L GEN. COUNSEL-REGION II Counsel for Defendant 26 Federal Plaza, Room 3904 New York, New York 10278 OF COUNSEL: KENNETH R. HILLER, ESQ. JUSTIN M. GOLDSTEIN, ESQ. ALEXANDER BROCHE, ESQ. DAVID L. BROWN, ESQ.
APPEARANCES: LAW OFFICES OF KENNETH HILLER, PLLC
Counsel for Plaintiff
6000 North Bailey Avenue, Suite 1A
Amherst, New York 14226 SOCIAL SECURITY ADMINISTRATION
OFFICE OF REG'L GEN. COUNSEL-REGION II
Counsel for Defendant
26 Federal Plaza, Room 3904
New York, New York 10278 OF COUNSEL: KENNETH R. HILLER, ESQ.
JUSTIN M. GOLDSTEIN, ESQ. ALEXANDER BROCHE, ESQ.
DAVID L. BROWN, ESQ. GLENN T. SUDDABY, Chief United States District Judge DECISION and ORDER
Currently before the Court, in the above-captioned Social Security action filed by Benjamin M. Mikos ("Plaintiff") against the Commissioner of Social Security ("Defendant" or "Commissioner"), is the Report-Recommendation of Chief United States Magistrate Judge Andrew T. Baxter, filed on November 21, 2019, recommending that the Commissioner's decision denying Plaintiff Social Security benefits be reversed, and this action be remanded to the Commissioner pursuant to sentence four of 42 U.S.C. § 405(g). (Dkt. No. 18.) Objections to the Report-Recommendation have not been filed and the time in which to do so has expired. (See generally Docket Sheet.)
After carefully reviewing all of the papers herein, including Magistrate Judge Baxter's thorough Report-Recommendation, the Court can find no clear error in the Report-Recommendation: Magistrate Judge Baxter employed the proper legal standards, accurately recited the facts, and correctly applied t he law to those facts. (Dkt. No. 18.) As a result, the Report-Recommendation is accepted and adopted in its entirety; the Commissioner's decision denying Plaintiff Social Security benefits is reversed; and this matter 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 Baxter's Report-Recommendation (Dkt. No. 18) is ACCEPTED and ADOPTED in its entirety; and it is further
ORDERED that the Commissioner's decision denying Plaintiff Social Security benefits is REVERSED , and this matter is REMANDED to the Commissioner of Social Security for further proceedings under sentence four of 42 U.S.C. § 405(g). Dated: December 18, 2019
Syracuse, New York
/s/_________
Hon. Glenn T. Suddaby
Chief U.S. District Judge