Kinner v. Commissioner of Social Security

Full title: JOANNE KINNER, Plaintiff, v. COMMISSIONER OF SOCIAL SECURITY, Defendant

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

Date published: Feb 19, 2010

1:08-CV-1240 (N.D.N.Y. Feb. 19, 2010)

Opinion

1:08-CV-1240.

February 19, 2010

Thomas C. Erwin, Esq., Erwin, McCane Law Firm, Albany, NY, Counsel for Plaintiff.

Kimberly L. Schiro, Esq., Social Security Administration, Karla J. Gwinn, Esq., Office of Regional General Counsel, Region II, New York, NY, Counsel for Defendant.

ORDER

NORMAN MORDUE, District Judge

The above matter comes to me following a Report-Recommendation by Magistrate Judge Victor E. Bianchini, duly filed on the 4^th day of February 2010. 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. Defendant's Motion for Judgment on the pleadings is denied, the decision of the Commissioner is reversed, and the case is remanded to the Commissioner pursuant to sentence four of 42 U.S.C. § 405(g) for further administrative proceedings.

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.