Sierra Diaz v. Commissioner of Social Security

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK MARI ELI S.D., on behalf of S.Y.C.S., a minor, Plaintiff, 5:23-cv-314 (BKS/CFH) v. COMMISSIONER OF SOCIAL SECURITY, Defendant.

Appearances: For Plaintiff: Howard D. Olinsky Olinsky Law Group South Clinton Street - Suite 210 Syracuse, NY 13202 For Defendant: Carla 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, Chief United States District Judge: MEMORANDUM-DECISION AND ORDER Plaintiff filed this action on behalf of her minor son, S.Y.C.S., under 42 U.S.C. § 405(g) seeking review of the Commissioner of Social Security’s denial of her application Supplemental Security Income on behalf of her son. (Dkt. No. 1). This matter was referred to United States Magistrate Judge Christian F. Hummel for a Report-Recommendation. (Dkt. No. 6); Local Rule 73.2(d). On August 19, 2024, after reviewing the parties’ briefs, (Dkt. Nos. 16, 17, 18), and the Administrative Transcript, (Dkt. No. 10), Magistrate Judge Hummel issued a Report- Recommendation recommending that Plaintiff's motion be granted; and that the Commissioner’s decision be reversed and remanded for further proceedings. (Dkt. No. 19). Magistrate Judge Hummel 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-Recommendation and that “failure to object to th[e] report within 14 days will preclude appellate review.” (Dkt. No. 19 at 32-33 (citing Roldan v. Racette, 984 F.2d 85 (2d Cir. 1993); 28 U.S.C. § 636(b)(1); Fed. R. Civ. P. 72, 6(a), 6(e)). No objections were filed.

The Court reviews de novo those portions of the Magistrate Judge’s findings and recommendations that have been properly preserved with a specific objection. Petersen v. Astrue, 2 F. Supp. 3d 223, 228-29 (N.D.N.Y. 2012); 28 U.S.C. § 636(b)(1)(C). Findings and recommendations as to which there was no properly preserved objection are reviewed for clear error. /d. Neither of the parties has raised any objection to Magistrate Judge Hummel’s Report- Recommendation. The Court has reviewed the Report-Recommendation for clear error and found none.

For these reasons, it is hereby ORDERED that Magistrate Judge Hummel’s Report-Recommendation (Dkt. No. 19) is ADOPTED in all respects; and it is further ORDERED that Plaintiff's motion (Dkt. No. 16) is GRANTED and that Defendant’s motion (Dkt. No. 17) is DENIED; and it is further ORDERED that the Commissioner’s decision is REVERSED and REMANDED for further proceedings.

IT IS SO ORDERED. PAR b (C Cece IA EA QI" Dated: September 16, 2024 Brenda K. Sannes Syracuse, New York Chief U.S. District Judge