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14-1559 - Daily v. Commissioner of Social Security

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14-1559 - Daily v. Commissioner of Social Security
February 29, 2016
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REPORT AND RECOMMENDATIONS re 1 Complaint. RECOMMENDED, that Plaintiff's motion for judgment on the pleadings be GRANTED, and the Commissioner's determination be DENIED, and the matter be REMANDED for further proceedings under sentence four of 42 U.S.C. Section 405(g) and consistent with this report. Pursuant to 28 U.S.C. Section 636(b)(1) and the 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. Rolden 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. Section 636 (b)(1); Fed. R. Civ. P. 6(a), 6(e), 72. Objections to R&R due by 3/17/2016. Signed by Magistrate Judge William B. Carter on 2/29/2016. (khr)
March 22, 2016
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DECISION AND ORDER accepting and adopting #11 Magistrate Judge Carter's Report and Recommendation in its entirety. Plaintiff's #8 Motion for Judgment on the pleadings is granted. The Commissioner's determination is vacated, and this matter is remanded to the Commissioner of Social Security for further proceedings consistent with the specific instructions outlined in the Report and Recommendation. Signed by Chief Judge Glenn T. Suddaby on 3/22/16. (lmw)