Baez ex rel. D.J. v. Colvin

DAVID N. HURD

APPEARANCES: Empire Justice Center
Attorneys for Plaintiff
OFFICE OF GENERAL COUNSEL
Attorneys for Defendant
Social Security Administration
HON. RICHARD S. HARTUNIAN
United States Attorney for the

Northern District of New York
Counsel for Defendant
OF COUNSEL: LOUISE MARIE TARANTINO, ESQ. STEPHEN P. CONTE, ESQ.
Chief Counsel, Region II
TOMASINA DIGRIGOLI, ESQ.
Special Ass't U.S. Attorney
DAVID N. HURD
United States District Judge

Plaintiff Elizabeth Baez filed this action on behalf of D.J., a child, seeking judicial review of a final decision of the Commissioner of Social Security denying her application for disability insurance benefits and supplemental security income for D.J. under the Social Security Act. By Report-Recommendation dated March 11, 2014, the Honorable Thérèse Wiley Dancks, United States Magistrate Judge, recommended that the matter be remanded to the Commissioner for further proceedings consistent with the Report-Recommendation. No objections to the Report-Recommendation were filed.

Based upon a careful review of the entire file and the recommendations of the Magistrate Judge, the Report-Recommendation is accepted in whole. See 28 U.S.C. § 636(b)(1).

Accordingly, it is

ORDERED that

1. The Commissioner's decision is VACATED; and

2. This matter is REMANDED to the Commissioner pursuant to sentence four of 42 U.S.C. § 405(g) for further administrative proceedings consistent with the Report-Recommendation.

IT IS SO ORDERED.

__________

United States District Judge
Dated: March 31, 2014

Utica, New York.