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CASIANO v. APFEL

January 28, 1999

JEANETTE CASIANO, PLAINTIFF,
v.
KENNETH S. APFEL, COMMISSIONER OF SOCIAL SECURITY, DEFENDANT.



The opinion of the court was delivered by: Stein, District Judge.

ORDER

Pursuant to an Order of Reference for a Report and Recommendation in accordance with 28 U.S.C. § 636(b)(1)(B) and (C) by this Court, Magistrate Judge Andrew J. Peck issued a Report and Recommendation dated December 22, 1998, recommending that the Court grant defendant's motion for judgment on the pleadings. Plaintiff subsequently filed written objections dated January 25, 1999, pursuant to Fed.R.Civ.P. 72(b) and 28 U.S.C. § 636(b)(1)(C).

After a de novo review of Magistrate Judge Peck's Report and Recommendation dated December 22, 1998, and after reviewing plaintiff's objections, and after determining that the new medical evidence submitted with plaintiff's objections (i.e., the letter of Dr. Daras dated January 14, 1999), was not part of the administrative record, and is conclusory.

IT IS HEREBY ORDERED that the Report and Recommendation of Magistrate Judge Peck is adopted by this Court, and that defendant's motion for judgment on the pleadings is granted.

SO ORDERED.

REPORT AND RECOMMENDATION

ANDREW J. PECK, United States Magistrate Judge.

To The Honorable Sidney H. Stein, United States District Judge:

Pro se plaintiff Jeanette Casiano brings this action pursuant to § 205(g) of the Social Security Act (the "Act"), 42 U.S.C. § 405(g), challenging the final decision of the Commissioner of Social Security (the "Commissioner") to deny her disability benefits. The Commissioner has moved for judgment on the pleadings pursuant to Fed.R.Civ.P. 12(c).

For the reasons set forth below, I recommend that the Court grant the Commissioner's motion for judgment on the pleadings.

PROCEDURAL BACKGROUND

On October 31, 1994, Casiano filed an application for Social Security Supplemental Security Income ("SSI") benefits. (Administrative Record filed by the Commissioner [hereafter, "R."], at 40-45.) Casiano's application was denied on February 9, 1995, and again on reconsideration on March 3, 1995. (R. 55-58, 61-66.) At Casiano's request, a hearing was held before an administrative law judge ("ALJ") on November 2, 1995. (R. 27-39.) Casiano was represented by an attorney from the Legal Aid Society at that hearing. (E.g., R. 29.) On February 15, 1996, the ALJ issued his decision finding that Casiano was not disabled. (R. 13-20 .) The ALJ's decision became the final decision of the Commissioner when the Appeals Council denied Casiano's request for review on August 21, 1997. (R. 7-9.) This action followed.

ANALYSIS

I. THE COMMISSIONER'S MOTION SHOULD BE GRANTED BECAUSE THERE
  IS SUBSTANTIAL EVIDENCE TO SUPPORT THE COMMISSIONER'S FINDING
  THAT ...

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