Summary
adopting report and recommendation that rejected suggestion of administrative law judge that the plaintiff's limitations, as outlined by the treating physician, were improving, noting the suggestion was "based upon mere conjecture by the ALJ, rather than actual medical evidence or opinion"
Summary of this case from Sanchez v. ColvinOpinion
No. 08-CV-0067 (FJS/VEB).
December 15, 2009
For the Plaintiff, Howard Olinsky, Esq., Olinsky, Shurtliff Law Firm, Syracuse, NY.
For the Defendant, Andrea L. Lechleitner, Esq., Michael J. Astrue, Commissioner of of Social Security, Office of Regional General Counsel — Region II, New York, New York.
DECISION AND ORDER
Currently before the Court is Magistrate Judge Victor E. Bianchini's November 16, 2009 Report and Recommendation to which the parties have filed no objections. Having reviewed that Report and Recommendation and the entire file in this matter, the Court hereby
ORDERS that the Report and Recommendation of Magistrate Judge Victor E. Bianchini filed November 16, 2009 is ACCEPTED in its entirety, for the reasons stated therein, and the Court further
ORDERS that Defendant's motion for judgment on the pleadings is DENIED; and the Court further
ORDERS that the decision of the Commissioner is REVERSED, and that the case is REMANDED to the Commissioner for further proceedings consistent with the Report and Recommendation
IT IS SO ORDERED.