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Jones v. Commissioner of Social Security

United States Court of Appeals, Second Circuit
Sep 15, 2011
432 F. App'x 23 (2d Cir. 2011)

Opinion

No. 10-1159.

September 15, 2011.

Appeal from a judgment by the United States District Court for the Southern District of New York (Townes, J.) granting Defendant's motion for judgment on the pleadings.

UPON DUE CONSIDERATION, IT IS HEREBY ORDERED, ADJUDGED AND DECREED that the district court's judgment is AFFIRMED.

Charlene Jones, Brooklyn, NY, pro se.

Arthur Swerdloff, Assistant United States Attorney, United States Attorney's Office, Eastern District of New York, Brooklyn, NY, for Appellee.

PRESENT: DENNIS JACOBS, Chief Judge, ROBERT A. KATZMANN, DEBRA ANN LIVINGSTON, Circuit Judges.


SUMMARY ORDER

Appellant Charlene Jones, pro se, appeals the district court's grant of the Commissioner's motion for judgment on the pleadings under Rule 12(c) of the Federal Rules of Civil Procedure, upholding the denial of appellant's application for supplemental security income ("SSI"). We assume the parties' familiarity with the underlying facts, the procedural history, and the issues presented for review.

We review de novo a district court's judgment on the pleadings pursuant to Federal Rule of Civil Procedure 12(c). Jasinski v. Barnhart, 341 F.3d 182, 184 (2d Cir. 2003). In reviewing the denial of SSI benefits by the Commissioner, we conduct a plenary review of the administrative record, see Schaal v. Apfel, 134 F.3d 496, 500-01 (2d Cir. 1998) ("[O]ur focus is not so much on the district court's ruling as it is on the administrative ruling."). We may not set aside the Commissioner's decision unless the factual findings are unsupported by substantial evidence, or incorrect legal standards were applied. See, e.g., Burgess v. Astrue, 537 F.3d 117, 127-28 (2d Cir. 2008). A determination is supported by substantial evidence if the record contains "such relevant evidence as a reasonable mind might accept as adequate to support a conclusion." Richardson v. Perales, 402 U.S. 389, 401, 91 S.Ct. 1420, 28 L.Ed.2d 842 (1971) (internal quotation marks omitted).

Having conducted an independent and de novo review of the record in light of these principles, we affirm the district court's order for substantially the same reasons stated by the district court in its thorough and well-reasoned memorandum and order.

For the foregoing reasons, the judgment of the district court is hereby AFFIRMED.


Summaries of

Jones v. Commissioner of Social Security

United States Court of Appeals, Second Circuit
Sep 15, 2011
432 F. App'x 23 (2d Cir. 2011)
Case details for

Jones v. Commissioner of Social Security

Case Details

Full title:Charlene JONES, on behalf of Tyshawn JONES, Plaintiff-Appellant, v…

Court:United States Court of Appeals, Second Circuit

Date published: Sep 15, 2011

Citations

432 F. App'x 23 (2d Cir. 2011)

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