Borden v. Commissioner of Social Security

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF NEW YORK
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TANYA B. on behalf of J.T.B.,
Plaintiff,
-v- 	1:24-CV-1469 (DNH/PJE)
COMMISSIONER OF
SOCIAL SECURITY,
Defendant.
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DAVID N. HURD
United States District Judge
ORDER ON REPORT & RECOMMENDATION
On December 4, 2024, plaintiff Tanya B.1 (“plaintiff”) filed this action on
behalf of minor child J.T.B. seeking review of the final decision of defendant
Commissioner of Social Security (“Commissioner”) denying her application
for benefits under the Social Security Act (the “Act”). Dkt. No. 1.
The matter was initially referred to U.S. Magistrate Judge Christan F.
Hummel for the issuance of a Report & Recommendation (“R&R”). But the
1 In accordance with a May 1, 2018 memorandum issued by the Judicial Conference’s
Committee on Court Administration and Case Management and adopted as local practice in this
District, only the first name and last initial of plaintiff will be mentioned in this opinion.
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case was later reassigned to U.S. Magistrate Judge Paul J. Evangelista. Dkt.
No. 6.
Thereafter, the Commissioner filed a certified copy of the Administrative
Record, Dkt. No. 7, and the parties briefed the matter in accordance with
General Order 18, which provides that an appeal from the Commissioner’s
denial of benefits should be treated as if the parties have filed cross-motions
for a judgment on the pleadings, Dkt. Nos. 9, 11, 12.
On February 27, 2026, Judge Evangelista advised by R&R that plaintiff’s
motion should be granted, the Commissioner’s motion should be denied, the
Commissioner’s final decision should be vacated, and that this matter should
be remanded for further administrative proceedings. Dkt. No. 13.
Neither party has lodged objections, and the time period in which to do so
has expired. Dkt. No. 13. Upon review for clear error, Judge Evangelista’s
R&R is accepted and will be adopted. See 28 U.S.C. § 636(b)(1)(C).
Therefore, it is
ORDERED that
1. The Report & Recommendation (Dkt. No. 13) is ACCEPTED;
2. Plaintiff’s motion is GRANTED;
3. The Commissioner’s motion is DENIED;
4. The Commissioner’s final decision is VACATED; and
5. This action is REMANDED for further administrative proceedings.
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The Clerk of the Court is directed to terminate the pending motion, enter
a judgment accordingly, and close the file.
IT IS SO ORDERED.
Dated: March 16, 2026
Utica, New York.
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