Allbortyv.Colvin

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORKFeb 22, 2016
6:14-CV-1428 (DNH/ATB) (N.D.N.Y. Feb. 22, 2016)

6:14-CV-1428 (DNH/ATB)

02-22-2016

CHRISTY ALLBORTY, Plaintiff, v. CAROLYN W. COLVIN, Defendant.

APPEARANCES: Office of Peter W. Antonowicz Attorneys for Plaintiff 148 West Dominick Street Rome, NY 13440 Social Security Administration Attorneys for Defendant Office of Regional General Counsel Region II 26 Federal Plaza - Room 3904 New York, NY 10278 OF COUNSEL: PETER W. ANTONOWICZ, ESQ. PETER W. JEWETT, ESQ. Special Asst. U.S. Attorney


APPEARANCES: Office of Peter W. Antonowicz
Attorneys for Plaintiff
148 West Dominick Street
Rome, NY 13440 Social Security Administration
Attorneys for Defendant
Office of Regional General Counsel
Region II
26 Federal Plaza - Room 3904
New York, NY 10278 OF COUNSEL: PETER W. ANTONOWICZ, ESQ. PETER W. JEWETT, ESQ.
Special Asst. U.S. Attorney DAVID N. HURD United States District Judge DECISION and ORDER

Plaintiff Christy Allborty filed this action seeking judicial review of a final decision of the Commissioner of Social Security denying her application for supplemental security income benefits and disability insurance benefits under the Social Security Act. By Report-Recommendation dated January 28, 2016, the Honorable Andrew T. Baxter, United States Magistrate Judge, recommended that the decision of the Commissioner be reversed and the case be remanded, pursuant to 42 U.S.C. § 405(g), for further proceedings. No objections to the Report-Recommendation have been filed.

Based upon a careful review of the entire file and the recommendations of the Magistrate Judge, the Report-Recommendation is accepted in whole. See 28 U.S.C. § 636(b)(1).

Therefore,

it is ORDERED that

The Commissioner's decision denying plaintiff disability benefits be REMANDED pursuant to 42 U.S.C. § 405(g) for a proper evaluation of the medical opinion and other evidence, and other further proceedings, consistent with the Report-Recommendation.

The Clerk of the Court shall enter judgment and close the case.

IT IS SO ORDERED.

/s/_________


United States District Judge Dated: February 22, 2016


Utica, New York