Summary
finding that step two error was not harmless "because it [was] not clear that the ALJ adequately considered all the evidence relevant to the issue, nor [was] it clear that the ALJ applied the special technique in formulating his . . . decision"
Summary of this case from Dillon v. BerryhillOpinion
1:06-CV-1113 (LEK/VEB).
March 9, 2009
DECISION AND ORDER
This matter comes before the Court following a Report-Recommendation filed on February 11, 2009, by the Honorable Victor E. Bianchini, United States Magistrate Judge, pursuant to 28 U.S.C. § 636(b) and L.R. 72.3(d) of the Northern District of New York. Report-Rec. (Dkt. No. 16).
Within ten days, excluding weekends and holidays, after a party has been served with a copy of a Magistrate Judge's Report-Recommendation, the party "may serve and file specific, written objections to the proposed findings and recommendations," FED. R. CIV. P. 72(b), in compliance with L.R. 72.1. No objections have been raised in the allotted time with respect to the Report-Recommendation filed by Judge Bianchini. Furthermore, after examining the record, the Court has determined that the Report-Recommendation is not subject to attack for plain error or manifest injustice.
Accordingly, it is hereby
ORDERED, that the Report-Recommendation (Dkt. No. 16) is APPROVED and ADOPTED in its ENTIRETY; and it is further ORDERED, that Plaintiff's Motion for judgment on the pleadings (Dkt. No. 7) is GRANTED in part; and it is further
ORDERED, that Defendant's Cross-Motion for judgment on the pleadings is DENIED; and it is further
ORDERED, and the Complaint (Dkt. No. 1) is REMANDED to the Commissioner for further proceedings consistent with the Report-Recommendation; and it is further
ORDERED, that the Clerk serve a copy of this Order on all parties.