Yackel v. Astrue

Full title: STEPHEN M. YACKEL, Plaintiff, v. MICHAEL J. ASTRUE, COMMISSIONER OF SOCIAL…

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

Date published: May 7, 2009

5:06-CV-626 (N.D.N.Y. May. 7, 2009)

Opinion

5:06-CV-626.

May 7, 2009

PAUL F. IACONIS, ESQ., IACONIS, IACONIS BAUM, Attorneys for Plaintiff, Chittenango, New York.

MARIA P. FRAGASSI SANTANGELO ESQ., SOCIAL SECURITY ADMINISTRATION, OFFICE OF REGIONAL GENERAL COUNSEL, Region II, New York, NY.

DECISION and ORDER

DAVID HOMER, Magistrate Judge

Plaintiff filed this action in May 2006, seeking judicial review of the denial of Social Security benefits. By Report-Recommendation dated April 10, 2009, the Honorable Victor E. Bianchini, United States Magistrate Judge, recommended that defendant's motion for judgment on the pleadings be denied; plaintiff's cross-motion for judgment on the pleadings be denied in part and granted in part; and that this matter be remanded for reconsideration. No objections have been filed.

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 DENIED in part and GRANTED in part; and

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

IT IS SO ORDERED.