UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK _______________________________________________

EDWIN R.,

Plaintiff,

v. 5:21-CV-759 (FJS/DJS) KILOLO KIJAKAZI, Acting Commissioner Social Security,1

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 CHRISTOPHER L. POTTER, ESQ. J.F.K. Federal Building, Room 625 15 New Sudbury Street Boston, Massachusetts 02203 Attorneys for Defendant

SCULLIN, Senior Judge

ORDER

Plaintiff brought this action pursuant to

(g) seeking review of Defendant's final decision that he was not disabled. See Dkt. No. 1. The parties filed motions for judgment on the pleadings on February 16, 2022, and April 11, 2022. See Dkt. No. 14 (Plaintiff's motion);

1 Kilolo Kijakazi is currently the Acting Commissioner of the Social Security Administration and, therefore, should be substituted as Defendant in this action pursuant to Rule 25(d) of the Federal Rules of Civil Procedure. The Court hereby directs the Clerk of the Court to modify the docket accordingly. Dkt. No. 17 (Defendant's motion).2 Magistrate Judge Stewart issued a Report-Recommendation and Order on May 12, 2022, see Dkt. No. 18, to which neither party filed any objections. In his Report-Recommendation and Order, Magistrate Judge Stewart recommended that the Court do the following: (1) grant in part Plaintiff's motion for judgment on the pleadings; (2)

grant Defendant's motion for judgment on the pleadings; and (3) vacate Defendant's decision denying Plaintiff disability benefits and remand this matter pursuant to sentence four of

(g) for further proceedings. See Dkt. No. 18 at 5. "'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 Stewart's May 12, 2022 Report-

Recommendation and Order for clear error and manifest injustice; and, finding none, the Court hereby ORDERS that Magistrate Judge Stewart's May 12, 2022 Report-Recommendation and Order is ACCEPTED in its entirety for the reasons stated therein; and the Court further

2 As Magistrate Judge Stewart noted in his Report-Recommendation and Order, "[t]he dispute between the parties rests on whether the case should be remanded for new proceedings before the Commissioner or whether the Court should remand with instructions to find Plaintiff disabled and award benefits." See Dkt. No. 18 at 2 (citing [Dkt. No. 17] at pp. 1-2; Dkt. No. 14, Pl.'s Mem. of Law at p. 25). ORDERS that Defendant's motion for judgment on the pleadings, see Dkt. No. 17, is GRANTED; ? and the Court further ORDERS that Plaintiff's motion for judgment on the pleadings, see Dkt. No. 14, is GRANTED in part and Defendant's decision denying Plaintiff disability benefits is VACATED and this matter is REMANDED, pursuant to sentence four of

(g), consistent with Magistrate Judge Stewart's Report-Recommendation and Order; and the Court further ORDERS that the Clerk of the Court shall enter judgment in favor of Plaintiff* and close this case.

IT ISSO ORDERED. Dated: June 3, 2022 topper hsm — Syracuse, New York Senior United States District Judge

3 The Court grants Defendant's motion for judgment on the pleadings because she concedes that remand for further proceedings is warranted. See Dkt. No. 17 at 1. “ The Court enters judgment in favor of Plaintiff because he seeks remand, in part, for further proceedings, and Defendant concedes that remand 1s appropriate. -3-