LaBarge v. Saul ( 2019 )

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK _________________________________________________ HARRY L., Plaintiff, v. 6:18-CV-282 (FJS/ATB) ANDREW SAUL, Commissioner of Social Security, Defendant. _________________________________________________ APPEARANCES OF COUNSEL EMPIRE JUSTICE CENTER SAIMA A. AKHTAR, ESQ. 119 Washington Avenue, 3rd Floor Albany, New York 12210 Attorneys for Plaintiff SOCIAL SECURITY ADMINISTRATION DANIEL STICE TARABELLI, SAUSA OFFICE OF GENERAL COUNSEL 15 Sudbury Street Boston, Massachusetts 02203 Attorneys for Defendant SCULLIN, Senior Judge ORDER Pending before the Court is Magistrate Judge Baxter's August 5, 2019 Report- Recommendation, see Dkt. No. 29, to which the parties have filed no objections. "'When a party does not object to a magistrate judge's report-recommendation, the court reviews that report-recommendation for clear error or manifest injustice.'" Young v. Polizzi, No. 9:16-CV-660, 2018 WL 3949942, *1 (N.D.N.Y. Aug. 16, 2018) (quoting Ward v. Lee, No. 9:16- CV-1224, 2018 WL 3574872, *1 (N.D.N.Y. July 25, 2018) (citation omitted)). "'After conducting this review, "the Court may 'accept, reject, or modify, in whole or in part, the . . . recommendations made by the Magistrate judge."" /d. (quotation omitted). The Court has reviewed Magistrate Judge Baxter's August 5, 2019 Report-Recommendation for clear error and manifest injustice; and, finding none, the Court hereby ORDERS that Magistrate Judge Baxter's August 5, 2019 Report-Recommendation is ACCEPTED in its entirety for the reasons stated therein; and the Court further ORDERS that the Commissioner's decision is REVERSED and this case is REMANDED for further proceedings pursuant to sentence four of 42 U.S.C. § 405(g), consistent with Magistrate Judge Baxter's Report-Recommendation, including a proper severity analysis, together with a proper analysis of Listing 12.05, and, if the determination proceeds after step three, a proper RFC determination, and a proper step five determination, including obtaining the testimony of a Vocational Expert if appropriate; and the Court further ORDERS that the Commissioner shall conduct and complete remand proceedings within 120 days from the date of this Order; and the Court further ORDERS that the Clerk of the Court shall enter judgment in favor of Plaintiff and close this case. IT IS SO ORDERED. Dated: August 20, 2019 Syracuse, New York Senior United States District Judge -2-