Sheldon v. Commissioner of Social Security

Full title: Arthur Sheldon, Plaintiff, v. Commissioner of Social Security, Defendant

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

Date published: Dec 29, 2009

1:05-CV-0419 (NPM/VEB) (N.D.N.Y. Dec. 29, 2009)

Opinion

1:05-CV-0419 (NPM/VEB).

December 29, 2009

FOR PLAINTIFF: Thomas C. Erwin, Erwin, McCane Law Firm, Albany, NY.

FOR DEFENDANT: William Pease, AUSA, Office of the United States Attorney, Syracuse, NY.

Order

NEAL McCURN, Senior District Judge

Plaintiff, Arthur Sheldon, brings this action pursuant to the Social Security Act, 42 U.S.C. §§ 405(g), 1383(c)(3), seeking review of a final decision of the defendant, Commissioner of Social Security ("the Commissioner"), denying his applications for disability insurance benefits ("DIB") and Supplemental Security Income ("SSI"). By Report-Recommendation dated November 30, 2009, the Honorable Victor E. Bianchini, United States Magistrate Judge, recommends that the Commissioner's decision denying disability and SSI benefits be remanded for further proceedings in accordance with his recommendation and pursuant to sentence four of 42 U.S.C. § 405(g). See Dkt. No. 11. Neither party having objected thereto, and this court having carefully reviewed same for clear error, this court adopts the Report-Recommendation in its entirety. See 28 U.S.C. § 636(b)(1).

Accordingly, it is ORDERED that the Commissioner's decision denying disability and SSI benefits be remanded for further proceedings in accordance with the November 30, 2009 Report-Recommendation of the Honorable Victor E. Bianchini, United States Magistrate Judge and pursuant to sentence four of 42 U.S.C. § 405(g).

IT IS SO ORDERED.