Citation Codes Equivalent Citations citation codes Docket Number 5:09-CV-1094 NPM/GHL. Attorney(S) JAYA SHURTLIFF, ESQ., OLINSKY SHURTLIFF, Counsel for Plaintiff, Syracuse, NY. SIXTINA FERNANDEZ, ESQ., SOCIAL SECURITY ADMINISTRATION, Office of Regional General Counsel, Counsel for Defendant, New York, NY. Acts The Public Health And Welfare — Social Security — Federal Old-Age, Survivors, And Disability Insurance Benefits — Evidence, Procedure, And Certification For Payments The Public Health And Welfare — Social Security — Supplemental Security Income For Aged, Blind, And Disabled — Procedural And General Provisions — Procedure For Payment Of Benefits Judiciary And Judicial Procedure — United States Magistrate Judges — Court Officers And Employees — Jurisdiction, Powers, And Temporary Assignment See more information ... Smart Summary Please sign up to generate summary. BRIAN SCHMIDT, Plaintiff, v. MICHAEL ASTRUE, COMMISSIONER OF SOCIAL SECURITY, Defendant. Order NEAL McCURN, Senior District Judge Plaintiff Brian Schmidt brings this action pursuant to the Social Security Act, 42 U.S.C. §§ 405(g), 1383(c)(3), seeking review of a final decision of the defendant Commissioner of Social Security ("the Commissioner"), denying his application for disability insurance benefits ("DIB") and supplemental security income ("SSI"). By Report-Recommendation dated August 13, 2010, the Honorable George H. Lowe, United States Magistrate Judge, finds that the Commissioner's decision contains legal error and is not supported by substantial evidence, and therefore recommends that the Commissioner's decision denying DIB and SSI be vacated and remanded for further proceedings in accordance with his recommendation. Neither party having objected thereto, and this court having carefully reviewed same for clear error, this court adopts the Report-Recommendation in its entirety. See 28 U.S.C. § 636(b)(1). Accordingly, for the reasons set forth above, the recommended ruling (Doc. No. 11) is hereby APPROVED and ADOPTED. This case is REMANDED to the Commissioner, as set forth in the recommended ruling, for further proceedings consistent with the recommended ruling of the magistrate judge. SO ORDERED. September 22, 2010 Syracuse, New York