Summary
finding the adverse credibility finding supported in part by citations to inconsistencies between plaintiff's various statements
Summary of this case from Delossantos v. Comm'r of Soc. Sec.Opinion
3:14-CV-0350 (GTS/ATB)
05-15-2015
LAURIE ANN JACKSON, Plaintiff, v. COMMISSIONER OF SOCIAL SECURITY, Defendant.
APPEARANCES: CLARK JORDAN PEZZINO Counsel for Plaintiff 1207 Delaware Ave., Suite 202 Buffalo, New York 14209 SOCIAL SECURITY ADMINISTRATION OFFICE OF REG'L GEN. COUNSEL-REGION II Counsel for Defendant 26 Federal Plaza, Room 3904 New York, New York 10278 OF COUNSEL: AMANDA R. JORDAN, ESQ. MONIKA K. CRAWFORD, ESQ.
APPEARANCES: CLARK JORDAN PEZZINO
Counsel for Plaintiff
1207 Delaware Ave., Suite 202
Buffalo, New York 14209
SOCIAL SECURITY ADMINISTRATION
OFFICE OF REG'L GEN. COUNSEL-REGION II
Counsel for Defendant
26 Federal Plaza, Room 3904
New York, New York 10278
OF COUNSEL: AMANDA R. JORDAN, ESQ. MONIKA K. CRAWFORD, ESQ. GLENN T. SUDDABY, United States District Judge DECISION and ORDER
The above matter comes to this Court following a Report-Recommendation by United States Magistrate Andrew T. Baxter, filed on April 7, 2015, recommending that the Commissioner's decision be affirmed and Plaintiff's Complaint be dismissed. (Dkt. No. 13.) Objections to the Report-Recommendation have not been filed and the time in which to do so has expired. (See generally Docket Sheet.) After carefully reviewing all of the papers herein, including Magistrate Judge Baxter's thorough Report-Recommendation, the Court can find no clear error in the Report-Recommendation. As a result, the Report-Recommendation is accepted and adopted in its entirety; and Plaintiff's Complaint is dismissed in its entirety.
When no objection is made to a report-recommendation, the Court subjects that report-recommendation to only a clear error review. Fed. R. Civ. P. 72(b), Advisory Committee Notes: 1983 Addition. When performing such a "clear error" review, "the court need only satisfy itself that there is no clear error on the face of the record in order to accept the recommendation." Id.; see also Batista v. Walker, 94-CV-2826, 1995 WL 453299, at *1 (S.D.N.Y. July 31, 1995) (Sotomayor, J.) ("I am permitted to adopt those sections of [a magistrate judge's] report to which no specific objection is made, so long as those sections are not facially erroneous.") (internal quotation marks and citations omitted).
ACCORDINGLY, it is
ORDERED that Magistrate Judge Baxter's Report-Recommendation (Dkt. No. 13) is ACCEPTED and ADOPTED in its entirety; and it is further
ORDERED that Plaintiff's motion for judgment on the pleadings (Dkt. No. 11) is DENIED ; and it is further
ORDERED that Defendant's motion for judgment on the pleadings (Dkt. No. 12) is GRANTED ; and it is further
ORDERED that the Commissioner's decision is AFFIRMED ; and it is further
ORDERED that Plaintiff's Complaint (Dkt. No. 1) is DISMISSED . Dated: May 15, 2015
Syracuse, New York
/s/_________
Hon. Glenn T. Suddaby
U.S. District Judge