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Stone v. Colvin

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK
Aug 26, 2013
(N.D.N.Y. Aug. 26, 2013)

Opinion

08-26-2013

BRAIN STONE, Plaintiff, v. CAROLYN W. COLVIN, Acting Commissioner of Social Security, Defendant.


THOMAS J. McAVOY,
Senior United States District Judge

DECISION & ORDER

This matter was referred to the Hon. Victor E. Bianchini, United States Magistrate Judge, for a Report and Recommendation pursuant to 28 U.S.C. § 636(b) and Rule 72.3(d) of the Local Rules of the Northern District of New York. In a Report and Recommendation dated June 4, 2013, Magistrate Judge Bianchini recommended that Plaintiff's Motion for Judgment on the Pleadings be GRANTED, that Defendant's Motion for Judgment on the Pleadings be DENIED, that the decision of the Commissioner be reversed, and that the case be remanded to the Commissioner pursuant to sentence four of 42 U.S.C. § 405 (g) for further administrative proceedings consistent with the Report and Recommendation. No objections to the Report and Recommendation have been lodged and the time for filing objections has expired.

CONCLUSION

After examining the record, this Court has determined that the Report and Recommendation is not subject to attack for plain error or manifest injustice. Therefore,

(1) The Court adopts the Report and Recommendation for the reasons stated therein;

(2) Plaintiff's Motion for Judgment on the Pleadings is GRANTED;

(3) Defendant's Motion for Judgment on the Pleadings is DENIED;

(4) The decision of the Commissioner is REVERSED, and

(5) The case is REMANDED to the Commissioner pursuant to sentence four of 42 U.S.C. § 405 (g) for further administrative proceedings consistent with the Report and Recommendation.

IT IS SO ORDERED

____________________________

Thomas J. McAvoy

Senior, U.S. District Judge


Summaries of

Stone v. Colvin

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK
Aug 26, 2013
(N.D.N.Y. Aug. 26, 2013)
Case details for

Stone v. Colvin

Case Details

Full title:BRAIN STONE, Plaintiff, v. CAROLYN W. COLVIN, Acting Commissioner of…

Court:UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK

Date published: Aug 26, 2013

Citations

(N.D.N.Y. Aug. 26, 2013)