Karen P. v. Comm'r of Soc. Sec.

Full title: KAREN P., Plaintiff, v. COMMISSIONER OF SOCIAL SECURITY, Defendant.

Court: United States District Court, N.D. New York

Date published: Dec 17, 2021

8:20-CV-841 (N.D.N.Y. Dec. 17, 2021)

Opinion

8:20-CV-841

12-17-2021

KAREN P., Plaintiff, v. COMMISSIONER OF SOCIAL SECURITY, Defendant.

SCHNEIDER & PALCSIK Attorneys for Plaintiff MARK A. SCHNEIDER, ESQ. SOCIAL SECURITY ADMINISTRATION JAMES S. NAGELBERG, ESQ. Special Ass't U.S. Attorney Attorneys for Defendant J.F.K.

DAVID N. HURD, UNITED STATES DISTRICT JUDGE.

SCHNEIDER & PALCSIK

Attorneys for Plaintiff

MARK A. SCHNEIDER, ESQ.

SOCIAL SECURITY ADMINISTRATION

JAMES S. NAGELBERG, ESQ.

Special Ass't U.S. Attorney

Attorneys for Defendant J.F.K.

ORDER ON REPORT & RECOMMENDATION

DAVID N. HURD, UNITED STATES DISTRICT JUDGE.

On July 27, 2020, plaintiff Karen P.¹ (“plaintiff”) filed this action seeking review of the final decision of defendant Commissioner of Social Security (“Commissioner”) denying her application for Supplemental Security Income (“SSI”) under the Social Security Act (the “Act”).

1 In accordance with a May 1, 2018 memorandum issued by the Judicial Conference's Committee on Court Administration and Case Management and adopted as local practice in this District, only claimant's first name and last initial will be mentioned in this opinion.

The Commissioner has filed a certified copy of the Administrative Record and both parties have briefed the matter in accordance with General Order 18, which provides that an appeal taken from the Commissioner's final decision denying benefits will be treated as if the parties have filed cross-motions for judgment on the pleadings. See Fed. R. Civ. P. 12(c).

On November 29, 2021, U.S. Magistrate Judge David E. Peebles advised by Report & Recommendation (“R&R”) that the Commissioner's final decision denying benefits be affirmed. Dkt. No. 33. Plaintiff has filed objections, Dkt. No. 34, which have been fully briefed, Dkt. No. 35.

Upon de novo review of the portions to which plaintiff has objected, the R&R is accepted and will be adopted. See 28 U.S.C. § 636(b)(1)(C).

Therefore, it is

ORDERED that

1. The Report & Recommendation is ACCEPTED;

2. The Commissioner's motion for a judgment on the pleadings is GRANTED;

3. Plaintiffs motion for a judgment on the pleadings is DENIED;

4. The Commissioner's final decision is AFFIRMED; and

5. Plaintiffs complaint is DISMISSED.

The Clerk of the Court is directed to enter a judgment accordingly and close the file.

IT IS SO ORDERED.