Gorey v. Commissioner of Social Security ( 2023 )

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK ___________________________________________ KATHERINE G., Plaintiff, v. 1:22-CV-1309 (FJS/ATB) COMMISSIONER OF SOCIAL SECURITY, Defendant. ____________________________________________ APPEARANCES OF COUNSEL OSBORN LAW P.C. DANIEL A. OSBORN, ESQ. 43 West 43rd Street, Suite 131 LINDSAY TRUST, ESQ. New York, New York 10036 Attorneys for Plaintiff SOCIAL SECURITY ADMINISTRATION HEETANO SHAMSOONDAR, ESQ. OFFICE OF PROGRAM LITIGATION, OFFICE 2 6401 Security Boulevard Baltimore, Maryland 21235 Attorneys for Defendant SCULLIN, Senior Judge ORDER Plaintiff commenced this action pursuant to the Social Security Act, 42 U.S.C. § 405(g), seeking judicial review of a final decision of the Commissioner of Social Security, denying her application for benefits. See Dkt. No. 1. Magistrate Judge Baxter issued a Report- Recommendation dated August 23, 2023, in which he recommended that the Court deny Plaintiff's motion for judgment on the pleadings, grant Defendant's motion for judgment on the pleadings, affirm Defendant's decision and dismiss Plaintiff's complaint in its entirety. See Dkt. No. 12 at 16. Neither party filed any objections to the Report-Recommendation within the required time frame. When a party does not object to a magistrate judge's report-recommendation, the Court reviews that report-recommendation for clear error or manifest injustice. See Linares v. Mahunik, No. 9:05-CV-625, 2009 WL 3165660, *10 (N.D.N.Y. July 16, 2009) (citation and footnote omitted). After conducting that review, "the Court may ‘accept, reject, or modify, in whole or in part, the . . . recommendations made by the magistrate judge." /d. (quoting 28 U.S.C. § 636(b)(1)(C)). The Court has reviewed Magistrate Judge Baxter's August 23, 2023 Report- Recommendation for clear error and manifest injustice; and, finding none, the Court hereby ORDERS that Magistrate Judge Baxter's August 23, 2023 Report-Recommendation, see Dkt. No. 12, is ACCEPTED in its entirety for the reasons stated therein; and the Court further ORDERS that Plaintiff's motion for judgment on the pleadings, see Dkt. Nos. 7, 11, is DENIED; and the Court further ORDERS that Defendant's motion for judgment on the pleadings, see Dkt. No. 10, is GRANTED; and the Court further ORDERS that Defendant's decision is AFFIRMED; and Plaintiffs complaint is DISMISSED in its entirety; and the Court further ORDERS that the Clerk of the Court shall enter judgment in favor of Defendant and close this case. IT IS SO ORDERED. fcssblisms Freder&k J. @cullin, Jr. Dated: September 11, 2023 Senior United States District Judge Syracuse, New York -2-