Allen v. Bisignano

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF NEW YORK
BRENT M.A.,
Plaintiff,
v.
COMMISSIONER OF SOCIAL SECURITY,
Defendant.
5:24-cv-1173 (BKS/DJS)
Appearances:
For Plaintiff:
Justin M. Goldstein
Hiller Comerford Injury & Disability Law
6000 North Bailey Avenue, Suite 1A
Amherst, NY 14226
For Defendant:
United States Attorney
Molly Carter, Special Assistant United States Attorney
Social Security Administration
6401 Security Boulevard
Baltimore, MD 21235
Hon. Brenda K. Sannes, Chief United States District Judge:
MEMORANDUM-DECISION AND ORDER
Plaintiff filed this action under 42 U.S.C. § 405(g) seeking review of the Commissioner
of Social Security’s denial of his application for disability insurance benefits. (Dkt. No. 1). This
matter was referred to United States Magistrate Judge Daniel J. Stewart for a Report-
Recommendation. (Dkt. No. 4); Local Rule 72.3(e). On February 3, 2026, after reviewing the
parties’ briefs, (Dkt. Nos. 9, 12, 13), and the Administrative Transcript, (Dkt. No. 6), Magistrate
Judge Stewart issued a Report-Recommendation recommending that Plaintiff’s motion for
judgment on the pleadings be granted; that the Defendant’s motion for judgment on the pleadings
Case 5:24-cv-01173-BKS-DJS Document 16 Filed 03/20/26 Page 1 of 3

2
be denied, and that the defendant’s decision denying plaintiff disability benefits be reversed and
remanded pursuant to section four for further proceedings. (Dkt. No. 14). Magistrate Judge
Stewart advised the parties that under 28 U.S.C. § 636(b)(1), they had “14 days within which to
file written objections” to the Report-Recommendation and that “failure to object to th[e] report
within 14 days will preclude appellate review.” (Dkt. No. 14, at 11–12 (citing Roldan v. Racette,
984 F.2d 85 (2d Cir. 1993); 28 U.S.C. § 636(b)(1); Fed. R. Civ. P. 72 & 6(a)). No objections
were filed.
The Court reviews de novo those portions of the Magistrate Judge’s findings and
recommendations that have been properly preserved with a specific objection. Petersen v.
Astrue, 2 F. Supp. 3d 223, 228–29 (N.D.N.Y. 2012); 28 U.S.C. § 636(b)(1)(C). Findings and
recommendations as to which there was no properly preserved objection are reviewed for clear
error. Id. Neither of the parties has raised any objection to Magistrate Judge Stewart’s Report-
Recommendation. The Court has reviewed the Report-Recommendation for clear error and
found none.
For these reasons, it is hereby
ORDERED that Magistrate Judge Stewart’s Report-Recommendation (Dkt. No. 14) is
ADOPTED in all respects; and it is further
ORDERED that Plaintiff’s motion for judgment on the pleadings (Dkt. No. 9) is
GRANTED; and it is further
ORDERED that Defendant’s motion for judgment on the pleadings (Dkt. No. 12) is
DENIED; and it is further
Case 5:24-cv-01173-BKS-DJS Document 16 Filed 03/20/26 Page 2 of 3

3
ORDERED that Defendant’s decision denying Plaintiff disability benefits is
REVERSED AND REMANDED pursuant to sentence four of 42 U.S.C. § 405(g) for further
proceedings.
IT IS SO ORDERED.
Dated: March 20, 2026
Syracuse, New York
Case 5:24-cv-01173-BKS-DJS Document 16 Filed 03/20/26 Page 3 of 3