UNITED STATES DISTRICT COURT NORTHERN DISTICT OF NEW YORK _______________________________________________

VICKIE C.,

Plaintiff,

v. 8:20-CV-1452 (FJS/DEP) KILOLO KIJAKAZI, Acting Commissioner Social Security,1

Defendant. ______________________________________________

APPEARANCES OF COUNSEL

LAW OFFICES OF KENNETH HILLER, PLLC KENNETH R. HILLER, ESQ. 600 North Bailey Avenue, Suite 1A JUSTIN M. GOLDSTEIN, ESQ. Amherst, New York 14226 Attorneys for Plaintiff

SOCIAL SECURITY ADMINISTRATION NATASHA OELTJEN, ESQ. J.F.K. Federal Building, Room 625 15 Sudbury Street Boston, Massachusetts 02203 Attorneys for Defendant

SCULLIN, Senior Judge

ORDER

Plaintiff commenced this action pursuant to

(g) and 1383(c)(3) seeking review of Defendant's final decision finding that she was not disabled at the relevant times and was, therefore, not eligible for the disability insurance ("DIB") and supplemental security income ("SSI") benefits for which she had applied. See Dkt. No. 1. The parties filed motions for

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. judgment on the pleadings on August 4, 2021, and October 15, 2021. See Dkt. No. 14 (Plaintiff's motion); Dkt. No. 17 (Defendant's motion). Magistrate Judge Peebles issued a Report and Recommendation on May 18, 2022, see Dkt. No. 19, to which neither party filed any objections. In his Report and Recommendation, Magistrate Judge Peebles recommended that the

Court do the following: (1) grant Plaintiff's motion for judgment on the pleadings; (2) deny Defendant's motion for judgment on the pleadings; and (3) vacate Defendant's decision and remand for further proceedings without a directed finding of disability pursuant to sentence four of

(g). See Dkt. No. 19 at 29. "'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 Peebles' May 18, 2022 Report and Recommendation for clear error and manifest injustice; and, finding none, the Court hereby ORDERS that Magistrate Judge Pebbles' May 18, 2022 Report and Recommendation is ACCEPTED in its entirety for the reasons stated therein; and the Court further ORDERS that Plaintiff's motion for judgment on the pleadings, see Dkt. No. 14, is GRANTED; and the Court further ORDERS that Defendant's motion for judgment on the pleadings, see Dkt. No. 17, is DENIED; and the Court further ORDERS that Defendant's decision is VACATED and this matter is REMANDED, pursuant to sentence four of

(g), for further proceedings consistent with Magistrate Judge Peebles’ Report and Recommendation without a directed finding of disability; 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: June 6, 2022 rat tafe Syracuse, New York Senior United States District Judge

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