Carciofolo v. Commissioner of Social Security

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK _____________________________________________ CRYSTAL C., Plaintiff, v. 5:20-CV-807 (FJS/ATB) COMMISSIONER OF SOCIAL SECURITY, Defendant. ____________________________________________ APPEARANCES OF COUNSEL OLINSKY LAW GROUP HOWARD D. OLINSKY, ESQ.

250 South Clinton Street, Suite 210 Syracuse, New York 13202 Attorneys for Plaintiff SOCIAL SECURITY ADMINISTRATION AMELIA STEWART, ESQ.

J.F.K. Building, Room 625 New Sudbury Street Boston, Massachusetts 02203 Attorneys for Defendant SCULLIN, Senior Judge ORDER Plaintiff brought this action pursuant to 42 U.S.C. §§ 405(g) and 1383(c)(3), seeking judicial review of a final decision of Defendant Commissioner denying her application for Social Security Disability Insurance benefits and Supplemental Security Income benefits. See Dkt. No. 1. On April 5, 2021, Plaintiff filed her memorandum of law in support of her motion for judgment on the pleadings, see Dkt. No. 16; and, on June 14, 2021, Defendant Commissioner filed her memorandum of law in support of her motion for judgment on the pleadings, see Dkt.

No. 19. After a thorough review of the record, Magistrate Judge Baxter issued a Report and Recommendation, in which he recommended that the Court reverse Defendant Commissioner's decision and remand this case, "pursuant to sentence four of 42 U.S.C. § 405(g), for a proper determination of [P]laintiff's residual functional capacity, and other further proceedings, consistent with [his] Report." See Dkt. No. 20 at 26. The parties filed no objections to these recommendations. "'When a party does not object to a magistrate judge's report-recommendation, the court reviews that report-recommendation for clear error or manifest injustice.'" Young v. Polizzi, No. 9:16-CV-660, 2018 WL 3949942, *1 (N.D.N.Y. Aug. 16, 2018) (quoting Ward v. Lee, No. 9:16- CV-1224, 2018 WL 3574872, *1 (N.D.N.Y. July 25, 2018) (citation omitted)). "'After conducting this review, "the Court may 'accept, reject, or modify, in whole or in part, the recommendations made by the Magistrate Judge.'"'" Id. (quotation omitted).

The Court has reviewed Magistrate Judge Baxter's December 10, 2021 Report and Recommendation for clear error and manifest injustice; and, finding none, the Court hereby ORDERS that Magistrate Judge Baxter's December 10, 2021 Report and Recommendation is ACCEPTEED in its entirety for the reasons stated therein; and the Court further ORDERS that Defendant Commissioner's decision is REVERSED and this case is REMANDED pursuant to sentence four of 42 U.S.C. § 405(g) consistent with Magistrate Judge Baxter's Report and Recommendation, including "for a proper determination of [P]laintiff's residual functional capacity, and other further proceedings, consistent with [his] Report"; and the Court further ORDERS that the Clerk of the Court shall enter judgment in favor of Plaintiff and close this case.

IT IS SO ORDERED. Z 1. / ° Dated: March 29, 2022 Freder&k J.@cullin, Jr. Syracuse, New York Senior United States District Judge