Opinion
7:12-cv-976 (GLS/ESH)
01-27-2014
JOEY GRIFFIN, Plaintiff, v. CAROLYN W. COLVIN, Acting Commissioner of Social Security, Defendant.
FOR THE PLAINTIFF: Olinsky Law Group FOR THE DEFENDANT: HON. RICHARD S. HARTUNIAN United States Attorney Steven P. Conte Regional Chief Counsel Social Security Administration Office of General Counsel, Region II HOWARD D. OLINSKY, ESQ. MICHAEL J. TELFER, ESQ. KRISTINA D. COHN MARIA P. FRAGASSI SANTANGELO Special Assistant U.S. Attorneys
APPEARANCES:
FOR THE PLAINTIFF:
Olinsky Law Group
FOR THE DEFENDANT:
HON. RICHARD S. HARTUNIAN
United States Attorney
Steven P. Conte
Regional Chief Counsel
Social Security Administration
Office of General Counsel, Region II
OF COUNSEL:
HOWARD D. OLINSKY, ESQ. MICHAEL J. TELFER, ESQ. KRISTINA D. COHN
MARIA P. FRAGASSI
SANTANGELO
Special Assistant U.S. Attorneys
Gary L. Sharpe
Chief Judge
MEMORANDUM-DECISION AND ORDER
I. Introduction
Plaintiff Joey Griffin challenges defendant Commissioner of Social Security's denial of Disability Insurance Benefits (DIB) and Supplemental Security Income (SSI), seeking review under 42 U.S.C. §§ 405(g) and 1383(c)(3). (Compl., Dkt. No. 1.) In a Report and Recommendation (R&R) filed September 18, 2013, Magistrate Judge Earl S. Hines recommended that the Commissioner's decision be affirmed and Griffin's complaint be dismissed. (R&R, Dkt. No. 18.) Pending are Griffin's objections to the R&R. (Dkt. No. 19.) For the reasons that follow, the court adopts the R&R in its entirety.
The Clerk is directed to append the R&R to this decision, and familiarity therewith is presumed. (Dkt. No. 18.)
II. Background
The court incorporates the factual recitations of the parties and Judge Hines. (Dkt. Nos. 12, 15; see also Admin. Tr., Dkt. No. 9.)
On January 29, 2009, Griffin filed applications for DIB and SSI under the Social Security Act. (R&R at 2; Tr. at 53-54, 101-12.) After his applications were denied, Griffin requested a hearing before an Administrative Law Judge (ALJ), which was held on July 27, 2010. (Tr. at 33-52, 55-62, 65-67.) On September 22, 2010, the ALJ issued a decision denying the requested benefits, which became the Commissioner's final determination upon the Social Security Administration Appeals Council's denial of review. (Id. at 5-9, 18-31.)
Page references preceded by "Tr." are to the Administrative Transcript. (Dkt. No. 9.)
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Griffin commenced the present action by filing his complaint on June 15, 2012 seeking judicial review of the Commissioner's determination. (Compl.) After receiving the parties' briefs, Judge Hines issued an R&R recommending that the Commissioner's decision be affirmed. (See generally R&R.)
III. Standard of Review
By statute and rule, district courts are authorized to refer social security appeals to magistrate judges for proposed findings and recommendations as to disposition. See 28 U.S.C. § 636(b)(1)(A), (B); N.D.N.Y. L.R. 40.1, 72.3(d); General Order No. 18. Before entering final judgment, this court reviews report and recommendation orders in cases it has referred to a magistrate judge. If a party properly objects to a specific element of the magistrate judge's findings and recommendations, this court reviews those findings and recommendations de novo. See Almonte v. N.Y. State Div. of Parole, No. Civ. 904CV484GLS, 2006 WL 149049, at *3, *5 (N.D.N.Y. Jan. 18, 2006). In cases where no party has filed an objection, only vague or general objections are made, or a party resubmits the same papers and arguments already considered by the magistrate judge, this court reviews the findings and recommendations of the magistrate judge for clear error. See id. at *4-5.
IV. Discussion
Griffin purports to object to the R&R on two grounds. First, he asserts that Judge Hines improperly found that the ALJ's residual functional capacity determination was supported by substantial evidence, and, second, he argues that Judge Hines' "[s]tep [five] recommendation should be rejected." (Dkt. No. 19 at 1-3.) The substance of these arguments, however, was previously raised in Griffin's brief and considered and rejected by Judge Hines. (Dkt. No. 12 at 10-13, 20-21; R&R at 6-14, 24-27.) Griffin's "objections," therefore, are general and do not warrant de novo review. See Almonte, 2006 WL 149049 at *4. The court, having carefully reviewed the record, finds no clear error in the R&R and accepts and adopts it in its entirety.
V. Conclusion
WHEREFORE, for the foregoing reasons, it is hereby
ORDERED that Magistrate Judge Earl S. Hines' September 18, 2013 Report and Recommendation (Dkt. No. 18) is ADOPTED in its entirety; and it is further
ORDERED that the decision of the Commissioner is AFFIRMED and Griffin's Complaint (Dkt. No. 1) is DISMISSED; and it is further
ORDERED that the Clerk close this case; and it is further
ORDERED that the Clerk provide a copy of this Memorandum-Decision and Order to the parties.
IT IS SO ORDERED.
January 27, 2014
Albany, New York
__________
Gary L. Sharpe
Chief Judge
U.S. District Court