Summary
noting that "judges in th[e Northern] District and in the Eastern and Western Districts of New York have remanded cases based on the ALJ's failure to explicitly discuss a function-by-function analysis in the hearing decision"
Summary of this case from Pierce v. AstrueOpinion
No. 06-CV-157 (FJS/GHL).
May 14, 2009
Lawrence D. Hasseler, Esq., Conboy, McKay Law Firm, Attorney for Plaintiff, Carthage, NY.
Jennifer S. Rosa, Esq., Social Security Administration, Office of Regional General Counsel, Region II, New York, NY.
DECISION AND ORDER
The above-captioned matter having been presented to me by the Report-Recommendation of Magistrate Judge George H. Lowe filed September 29, 2008, and the Court having reviewed the Report-Recommendation and the entire file in this matter, and no objections to said Report-Recommendation having been filed, the Court
ORDERS, that the Report-Recommendation of Magistrate Judge George H. Lowe filed September 29, 2008 is ADOPTED in its entirety; and the Court further
ORDERS that this case is REMANDED to the Commissioner pursuant to sentence four of 41 U.S.C. § 405(g) for further proceedings consistent with the Report-Recommendation; and the Court further
ORDERS that the Clerk of the Court shall enter judgment in favor of the Defendant and close this case.