Ware v. Bisignano

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF NEW YORK
__________________________________________
AARON TRELANE W.
Plaintiff,
v. 	6:24-CV-1440
(FJS/ML)
COMMISSIONER OF SOCIAL SECURITY,
Defendant.
___________________________________________
APPEARANCES 	OF COUNSEL
HILLER COMERFORD 	JUSTIN M. GOLDSTEIN, ESQ.
INJURY & DISABILITY LAW
6000 North Bailey Avenue – Suite 1A
Amherst, New York 14226
Attorneys for Plaintiff
SOCIAL SECURITY ADMINISTRATION 	KRISTINA D. COHN, ESQ.
6401 Security Boulevard
Baltimore, Maryland 21235
Attorneys for Defendant
SCULLIN, Senior Judge
DECISION AND ORDER
Plaintiff brought this action pursuant to 42 U.S.C. § 405(g) seeking judicial review of a
final decision of the Commissioner of Social Security denying his application for Supplemental
Security Income ("SSI") benefits. See Dkt. No. 1. The Court referred the matter to Magistrate
Judge Lovric for a Report-Recommendation pursuant to 28 U.S.C. § 636(b) and Local Rule
72.3(d). See Dkt. Nos. 4, 5.
In his Report-Recommendation issued on January 20, 2026, see Dkt. No. 15, Magistrate
Judge Lovric recommended that the Court grant Plaintiff's motion for judgment on the pleadings,
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see Dkt. No. 11, and deny the Commissioner's motion for judgment on the pleadings, see Dkt.
No. 13. Magistrate Judge Lovric further recommended that this Court reverse and remand this
matter to the Commissioner pursuant to sentence four of 42 U.S.C. § 405(g) for further
proceedings consistent with his Report-Recommendation. See Dkt. No. 15 at 22.
Neither party filed objections to Magistrate Judge Lovric's Report-Recommendation, and
the time for filing such objections has passed. After examining the record, the Court has
determined that the Report-Recommendation is not subject to attack for plain error or manifest
injustice; and, therefore, the Court accepts and adopts the Report-Recommendation for the
reasons stated therein.
Accordingly, the Court hereby
ORDERS that Magistrate-Judge Lovric's Report-Recommendation, see Dkt. No. 15, is
ACCEPTED and ADOPTED; and the Court further
ORDERS that Plaintiff's motion for judgment on the pleadings, see Dkt. No. 11, is
GRANTED; and the Court further
ORDERS that Defendant's motion for judgment on the pleadings, see Dkt. No. 13, is
DENIED; and the Court further
ORDERS that this matter is remanded to the Commissioner pursuant to sentence four of
42 U.S.C. § 405(g) for proceedings consistent with this opinion and the findings of Magistrate
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Judge Lovric's Report-Recommendation; 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: February 13, 2026
Syracuse, New York
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