Berger v. Commissioner of Social Security ( 2023 )

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK MATTHEW LLOYD B., Plaintiff, 8:22-cv-01295 (BKS/DEP) v. COMMISSIONER OF SOCIAL SECURITY, Defendant. Appearances: For Plaintiff: Howard D. Olinsky Kaelin L. Richard Olinsky Law Group 250 South Clinton Street - Suite 210 Syracuse, NY 13202 For Defendant: Carla B. Freedman United States Attorney Geoffrey M. Peters Special Assistant United States Attorney Social Security Administration 6401 Security Boulevard Baltimore, MD 21235 Hon. Brenda K. Sannes, United States District Judge: MEMORANDUM-DECISION AND ORDER Plaintiff filed this action under 42 U.S.C. § 405(g) seeking review of a decision by the Commissioner of Social Security (the “Commissioner”) denying Plaintiff’s application for Disability Insurance Benefits. (Dkt. No. 1). This matter was referred to United States Magistrate Judge David E. Peebles for a Report and Recommendation. (Dkt. No. 17). On September 29, 2023, after reviewing the parties’ briefs, (Dkt. Nos. 12, 13, 14), and the Administrative Transcript, (Dkt. No. 9), Magistrate Judge Peebles issued a Report and Recommendation recommending that Plaintiff’s motion for judgment on the pleadings be granted, Defendant’s motion for judgment on the pleadings be denied, the Commissioners decision be vacated, and this matter be remanded for further proceedings, without a directed finding of disability. (Dkt. No. 17, at 32). Magistrate Judge Peebles advised the parties that under 28 U.S.C. § 636(b)(1), they had “14 days within which to file written objections” to the Report and Recommendation and that “failure to object to th[e] report within 14 days will preclude appellate review.” Id. (citing Roldan v. Racette, 984 F.2d 85 (2d Cir. 1993). Neither party filed an objection to the Report-Recommendation. As no objection to the Report-Recommendation has been filed, and the time for filing objections has expired, the Court reviews the Report-Recommendation for clear error. See Petersen v. Astrue, 2 F. Supp. 3d 223, 228–29 (N.D.N.Y. 2012); Fed. R. Civ. P. 72(b) advisory committee’s note to 1983 amendment. Having reviewed the Report and Recommendation for clear error and having found none, the Court adopts the Report and Recommendation in its entirety. For these reasons, it is hereby ORDERED that Magistrate Judge Peebles’s Report-Recommendation (Dkt. No. 17) is ADOPTED in all respects; and it is further ORDERED that Plaintiff’s motion for judgment on the pleadings (Dkt. No. 12) is GRANTED; and it is further ORDERED that Defendant’s motion for judgment on the pleadings (Dkt. No. 13) is DENIED; and it is further ORDERED that this matter is REMANDED for further proceedings consistent with this decision and order, without a directed finding of disability, pursuant to sentence four of 42 U.S.C. § 405(g).; and it is further respectfully ORDERED that the Clerk of the Court enter Judgment and close this case. IT IS SO ORDERED. Dated: November 14, 2023 Syracuse, New York PreAr ha Caannta Brenda K. Sannes Chief U.S. District Judge