Summary
finding the ALJ's step four finding supported by substantial evidence because, "[r]egardless of how the Dictionary of Occupational Titles categorizes this custodial position, Plaintiff actually performed it at a light level, and she has not met her burden to show that she could not perform the work as she actually performed it."
Summary of this case from Iqbal v. Comm'r of Soc. Sec.Opinion
5:13-CV-0591 (LEK/TWD)
09-09-2014
DEBORAH J. COBB, Plaintiff, v. COMMISSIONER OF SOCIAL SECURITY, Defendant.
ORDER
This matter comes before the Court following a Report-Recommendation filed on August 8, 2014, by the Honorable Therese Wiley Dancks, U.S. Magistrate Judge, pursuant to 28 U.S.C. § 636(b) and Local Rule 72.3. Dkt. No. 12 ("Report-Recommendation").
Within fourteen days after a party has been served with a copy of a magistrate judge's report-recommendation, the party "may serve and file specific, written objections to the proposed findings and recommendations." FED. R. CIV. P. 72(b); L.R. 72.1(c). If no objections are made, or if an objection is general, conclusory, perfunctory, or a mere reiteration of an argument made to the magistrate judge, a district court need review that aspect of a report-recommendation only for clear error. Chylinski v. Bank of Am., N.A., 434 F. App'x 47, 48 (2d Cir. 2011); Barnes v. Prack, No. 11-CV-0857, 2013 WL 1121353, at *1 (N.D.N.Y. Mar. 18, 2013); Farid v. Bouey, 554 F. Supp. 2d 301, 306-07 & n.2 (N.D.N.Y. 2008); see also Machicote v. Ercole, No. 06 Civ. 13320, 2011 WL 3809920, at *2 (S.D.N.Y. Aug. 25, 2011) ("[E]ven a pro se party's objections to a Report and Recommendation must be specific and clearly aimed at particular findings in the magistrate's proposal, such that no party be allowed a second bite at the apple by simply relitigating a prior argument.").
No objections to the Report-Recommendation were filed in the allotted time period. See Docket. The Court therefore reviews the Report-Recommendation for clear error and finds none.
Accordingly, it is hereby:
ORDERED, that the Report-Recommendation (Dkt. No. 12) is APPROVED and ADOPTED in its entirety; and it is further
ORDERED, that the Commissioner's decision denying disability benefits is AFFIRMED; and it is further
ORDERED, that the Clerk of the Court enter judgment for Defendant and close this case; and it is further
ORDERED, that the Clerk of the Court serve a copy of this Order on the parties to this action in accordance with the Local Rules.
IT IS SO ORDERED. DATED: September 09, 2014
Albany, New York
/s/_________
Lawrence E. Kahn
U.S. District Judge