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15-1196 - Blinkovitch v. Colvin

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15-1196 - Blinkovitch v. Colvin
January 23, 2017
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REPORT AND RECOMMENDATIONS re 1 Complaint filed by Ronald Blinkovitch. RECOMMENDED, that the Plaintiffs motion for judgment on the pleadings be GRANTED, and the Commissioners determination be DENIED, and the matter be REMANDED for further proceedings under sentence four of 42 U.S.C. § 405(g) and consistent with this report. Pursuant to 28 U.S.C. § 636 (b)(1) and Local Rule 72.1(c), the parties have FOURTEEN (14) DAYS within which to file written objections to the foregoing report. Any objections shall be filed with the Clerk of the Court. FAILURE TO OBJECT TO THIS REPORT WITHIN FOURTEEN DAYS WILL PRECLUDE APPELLATE REVIEW. Roldan v. Racette, 984 F.2d 85, 89 (2d Cir. 1993) (citing Small v. Secretary of Health and Human Services, 892 F.2d 15 (2d Cir. 1989)); 28 U.S.C. § 636 (b)(1); Fed. R. Civ. P. 6(a), 6(e), 72. Objections to R&R due by 2/9/2017 Case Review Deadline 2/13/2017. Signed by Magistrate Judge William B. Carter on 1/23/2017. (khr)
February 28, 2017
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DECISION AND ORDER accepting and adopting #16 Magistrate Judge Carter's Report and Recommendation in its entirety. Plaintiff's #11 motion for judgment on the pleadings is granted, Defendant's #14 motion for judgment on the pleadings is denied, the Commissioner's decision denying Plaintiff Social Security benefits is REVERSED, and this matter is REMANDED to the Commissioner of Social Security for further proceedings under sentence four of 42 U.S.C. § 405(g). Signed by Chief Judge Glenn T. Suddaby on 2/28/17. (lmw)