The opinion of the court was delivered by: Stein, District Judge.
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.
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.
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.
I. THE COMMISSIONER'S MOTION SHOULD BE GRANTED BECAUSE THERE
IS SUBSTANTIAL EVIDENCE TO SUPPORT THE COMMISSIONER'S FINDING