Conklin v. Commissioner of Social Security

Opinion

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK ______________________________________________

DAVID B. C.,

Plaintiff,

v. 1:20-CV-1136 (FJS/TWD) COMMISSIONER OF SOCIAL SECURITY,

Defendant. _____________________________________________

APPEARANCES OF COUNSEL

DRAKE LOEB PLLC GARY JAMES GOGERTY, ESQ. 555 Hudson Valley Avenue Suite 100 New Windsor, New York 12553 Attorneys for Plaintiff

SOCIAL SECURITY ADMINISTRATION LISA SMOLLER, ESQ. J.F.K. Federal Building, Room 625 15 New Sudbury Street Boston, Massachusetts 02203 Attorneys for Defendant

SCULLIN, Senior Judge

ORDER

Plaintiff brought this action pursuant to 42 U.S.C. § 405(g), seeking judicial review of a final decision of Defendant, denying his Title XVI application for Supplemental Security Income ("SSI"). See Dkt. No. 1. On July 12, 2021, Plaintiff filed his memorandum of law in support of his motion for judgment on the pleadings, see Dkt. No. 15; and, on August 20, 2021, Defendant filed her memorandum of law in support of her motion for judgment on the pleadings, see Dkt. No. 17. After a thorough review of the record, Magistrate Judge Dancks issued a Report- Recommendation and Order, in which she recommended that the Court deny Plaintiff's motion for judgment on the pleadings and dismiss Plaintiff's complaint and grant Defendant's motion for judgment on the pleadings and affirm Defendant's decision denying Plaintiff benefits. See Dkt. No. 18 at 25-26. The parties filed no objections to those recommendations. 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 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 Dancks' December 6, 2021 Report- Recommendation and Order for clear error and manifest injustice; and, finding none, the Court hereby ORDERS that Magistrate Judge Dancks' December 6, 2021 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. 15, is DENIED; and the Court further ORDERS that Defendant's motion for judgment on the pleadings, see Dkt. No. 17, is GRANTED; and the Court further ORDERS that the Clerk of the Court shall enter judgment in favor of Defendant and close this case.

IT ISSO ORDERED. Dated: January 28, 2022 saniortihiiet Suan’ ‘aieiee Jud Syracuse, New York Be

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