UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK ______________________________________________

STACEY D.,

Plaintiff,

v. 3:20-CV-949 (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 NICOLE BOUDREAU, ESQ. J.F.K, Federal Building, Room 625 15 New Sudbury Street Boston, Massachusetts 02203

SCULLIN, Senior Judge

ORDER

Plaintiff brought this action pursuant to

(g) and 1383(c)(3) seeking judicial review of a final decision of Defendant Commissioner denying Plaintiff's application for Social Security Disability Insurance benefits and Supplemental Security Income benefits. See Dkt. No. 1. On May 6, 2021, Plaintiff filed her memorandum of law in support of her motion for judgment on the pleadings, see Dkt. No. 14; and on August 20, 2021, Defendant 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

(g), for further proceedings consistent with his report. See Dkt. No. 20 at 18. The parties filed no objections to Magistrate Judge Baxter's recommendation. "'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,

, *1 (N.D.N.Y. Aug. 16, 2018) (quoting Ward v. Lee, No. 9:16- CV-1224,

, *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.'"'"

(quotation omitted). The Court has reviewed Magistrate Judge Baxter's January 14, 2022 Report and Recommendation for clear error and manifest injustice; and, finding none, the Court hereby ORDERS that Magistrate Judge Baxter's January 14, 2022 Report and Recommendation is ACCEPTED in its entirety for the reasons stated therein; and the Court further ORDERS that the Commissioner's decision is REVERSED and this case is

REMANDED for further proceedings pursuant to sentence four of

(g), consistent with Magistrate Judge Baxter's Report and Recommendation, including his instruction that "consistent with this [C]ourt's February 1, 2019 Memorandum-Decision and Order, the ALJ [shall] make a determination supported by substantial medical opinion evidence of on what date, between March 12, 2013 and January 26, 2016, [P]laintiff's limitations worsened to the point that she became disabled[,]" see Dkt. No. 20 at 18; 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. Dated: March 29, 2022 pag fetbleams Syracuse, New York Freder&k J.&cullin, Jr. Senior United States District Judge