Seibert v. Colvin

District Court, N.D. New York

Seibert v. Colvin

Trial Court Opinion

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK ______________________________________________

JEFF J. S.,

Plaintiff,

v. 8:23-CV-1576 (FJS/PJE) CAROLYN W. COLVIN, Acting Commissioner of Social Security,

Defendant. ______________________________________________

APPEARANCES OF COUNSEL

HILLER COMERFORD INJURY & IDA COMERFORD, ESQ. DISABILITY LAW JUSTIN M. GOLDSTEIN, ESQ. 6000 North Bailey Avenue, Suite 1a Amherst, New York 14226 Attorneys for Plaintiff

SOCIAL SECURITY ADMINISTRATION FERGUS J. KAISER, ESQ. 6401 Security Boulevard Baltimore, Maryland 21235 Attorneys for Defendant

SCULLIN, Senior Judge

ORDER

Plaintiff brought this action pursuant to

42 U.S.C. § 405

(g) seeking review of the Commissioner of Social Security's decision denying his application for supplemental security income benefits. See Dkt. No. 1. Plaintiff then moved for judgment on the pleadings, see Dkt. No. 8, and Defendant cross-moved for judgment on the pleadings, see Dkt. No. 10. In a Report-Recommendation and Order dated December 11, 2024, Magistrate Judge Hummel recommended that the Court deny Plaintiff's motion for judgment on the pleadings, grant Defendant's motion for judgment on the pleadings and affirm the Commissioner of Social Security's final decision. See Dkt. No. 12 at 17. Neither party filed any written objections to Magistrate Judge Hummel's recommendations, and their time to do so has expired. 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. Mahanik, No. 9:05-CV-625,

2009 WL 3165660

, *10 (N.D.N.Y. July 16, 2009) (citation and footnote omitted). After conducting this 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 Hummel’'s December 11, 2024 Report- Recommendation and Order for clear error and manifest injustice; and, finding none, the Court hereby ORDERS that Magistrate Judge Hummel's December 11, 2024 Report-Recommendation and Order 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. No. 8, is DENIED; and the Court further ORDERS that Defendant's motion for judgment on the pleadings, see Dkt. No. 10, is GRANTED, and the Commissioner's final decision is AFFIRMED; 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.

Dates Jay 21,209 Roe Syracuse, New York

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Reference

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