Summary
finding new evidence material in part because it "contradict[ed] the ALJ's conclusion"
Summary of this case from Lopez v. Comm'r of Soc. Sec.Opinion
1:12-CV-1072
2013-09-16
CRAIG V. BEEDE, Plaintiff, v. COMMISSIONER OF SOCIAL SECURITY Defendant.
,
United States District Judge
DECISION and ORDER
This matter was referred to the Hon. Victor E. Bianchini, United States Magistrate Judge, for a Report and Recommendation pursuant to 28 U.S.C. § 636(b) and Rule 72.3(d) of the Local Rules of the Northern District of New York. No objections to the August 13, 2013 Report-Recommendation have been raised. After examining the record, this Court has determined that the Report-Recommendation is not subject to attack for plain error or manifest injustice. Accordingly, this Court adopts the Report-Recommendation and Order for the reasons stated therein.
Accordingly, the Commissioner's motion for judgment on the pleadings is DENIED and 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 Magistrate Judge's Report and Recommendation..
IT IS SO ORDERED.
___________________
Thomas J. McAvoy
Senior, U.S. District Judge