Opinion
1:22-CV-1198
12-20-2023
KIMBERLY L., Plaintiff, v. COMMISSIONER OF SOCIAL SECURITY, Defendant.
APPEARANCES: LAW OFFICES OF KENNETH HILLER, PLLC Attorneys for Plaintiff SOCIAL SECURITY ADMINISTRATION Attorneys for Defendant OF COUNSEL: JUSTIN M. GOLDSTEIN, ESQ. GEOFFREY M. PETERS, ESQ. Special Ass't U.S. Attorney
APPEARANCES:
LAW OFFICES OF KENNETH HILLER, PLLC
Attorneys for Plaintiff
SOCIAL SECURITY
ADMINISTRATION
Attorneys for Defendant
OF COUNSEL:
JUSTIN M. GOLDSTEIN, ESQ.
GEOFFREY M. PETERS, ESQ.
Special Ass't U.S. Attorney
ORDER ON REPORT & RECOMMENDATION
DAVID N. HURD, UNITED STATES DISTRICT JUDGE.
On November 14, 2022, plaintiff Kimberly L. (“plaintiff”) filed this action seeking review of the final decision of defendant Commissioner of Social Security (“Commissioner”) denying her application for Disability Insurance Benefits (“DIB”) and Supplemental Security Income (“SSI”) under the Social Security Act (the “Act”). Dkt. No. 1. Plaintiff also sought leave to proceed in forma pauperis (“IFP Application”). Dkt. No. 3.
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 the first name and last initial of plaintiff will be mentioned in this opinion.
Thereafter, U.S. Magistrate Judge Daniel J. Stewart granted plaintiff's IFP Application, Dkt. No. 7, the Commissioner filed a certified copy of the Administrative Record, Dkt. No. 8, and then both parties briefed the matter in accordance with General Order 18, which provides that an appeal taken from the Commissioner's denial of benefits is treated as if the parties have filed cross-motions for a judgment on the pleadings, Dkt. Nos. 13, 14, 15.
On November 30, 2023, Judge Stewart advised by Report & Recommendation (“R&R”) that the Commissioner's motion be granted, that plaintiff's motion be denied, that the Commissioner's decision be affirmed, and that plaintiff's complaint be dismissed. Dkt. No. 16. Plaintiff has not filed objections, and the time in which to do so has expired. See id. Thus, upon review for clear error, the R&R is accepted and will be adopted in all respects. See FED. R. CIV. P. 72(b).
Therefore, it is
ORDERED that
1. The Report & Recommendation is ACCEPTED;
2. Plaintiff's motion is DENIED;
3. The Commissioner's motion is GRANTED;
4. The Commissioner's decision is AFFIRMED; and
5. Plaintiff's complaint is DISMISSED.
The Clerk of the Court is directed to terminate the pending motions, enter a judgment accordingly, and close the file.
IT IS SO ORDERED.