Payne v. Comm'r of Soc. Sec.

Full title: Rhoda Payne, Plaintiff, v. Commissioner of Social Security, Defendant.

Court: UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK

Date published: Jan 10, 2014

13 Civ. 1673 (CS)(LMS) (S.D.N.Y. Jan. 10, 2014)

Opinion

13 Civ. 1673 (CS)(LMS)

01-10-2014

Rhoda Payne, Plaintiff, v. Commissioner of Social Security, Defendant.

CATHY SEIBEL

REPORT AND

RECOMMENDATION

TO: THE HONORABLE CATHY SEIBEL, U.S.D.J. ¹

1 On March 22, 2013, Judge Seibel, the District Judge to whom this matter is assigned, referred this application to me for preparation of a Report and Recommendation. Docket Entry #8, Order of Reference.

Plaintiff Rhoda Payne, proceeding pro se. brings this action pursuant to 42 U.S.C. §§ 405(g), 1383(c)(3) seeking judicial review of a final decision by defendant Commissioner of Social Security (hereinafter "defendant" or "the Commissioner"), which found that plaintiff was not entitled to a Period of Disability, Disability Insurance Benefits, or Supplemental Security Income (hereinafter "SSI") under.the Social Security Act (hereinafter "the Act"). Docket Entry #2, Complaint at ¶¶ 1, 7. Currently pending before the Court is defendant's motion for judgment on the pleadings pursuant to Rule 12(c) of the Federal Rules of Civil Procedure. Docket Entry #16, Defendant's Motion; Docket Entry #17, Mem. of Law, Plaintiff has filed no opposition to the motion. For the reasons that follow, I conclude, and respectfully recommend that Your Honor should conclude, that defendant's motion for judgment on the pleadings should be granted.