Mielnicki v. Astrue

Full title: KATHLEEN M. MIELNICKI, Plaintiff, v. MICHAEL J. ASTRUE, Defendant

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

Date published: Jun 24, 2009

5:06-CV-1413 (N.D.N.Y. Jun. 24, 2009)

Opinion

5:06-CV-1413.

June 24, 2009

NEAL P. McCURN, JR., ESQ., OOT ASSOCIATES, PLLC, Attorneys for Plaintiff, Syracuse, NY.

TOMASINA DiGRIGOLI, ESQ., SOCIAL SECURITY ADMINISTRATION, Office of Regional General Counsel, Region II, New York, NY.

DECISION and ORDER

DAVID HURD, District Judge

Plaintiff filed this action in November 2006, pursuant to 42 U.S.C. §§ 405(g), 1383(c)(3) seeking review of a final decision of the Commissioner of Social Security denying her application for disability insurance benefits and Supplement Security Income. By Report-Recommendation dated June 4, 2009, the Honorable Victor E. Bianchini, United States Magistrate Judge, recommended that defendant's motion for judgment on the pleadings should be denied; plaintiff's cross motion for judgment on the pleadings should be granted in part and denied in part and remanded for further reconsideration.

Based upon a careful review of the entire file and the recommendations of Magistrate Judge Bianchini, the Report-Recommendation is accepted and adopted in whole. See 28 U.S.C. 636(b)(1). Accordingly, it is

ORDERED that

1. Defendant's motion for judgment on the pleadings is DENIED;

2. Plaintiff's cross-motion for judgment on the pleadings is GRANTED in part and DENIED in part; and

3. This matter is REMANDED to the Commissioner for further consideration consistent with the Report-Recommendation.

IT IS SO ORDERED.