Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

SEARCY v. COMMISSIONER OF SOCIAL SEC.

March 28, 2000

MILTON R. SEARCY, PLAINTIFF,
V.
COMMISSIONER OF SOCIAL SECURITY, DEFENDANT.



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

DECISION AND ORDER

This matter comes before the Court following a Report-Recommendation filed on 9 December 1999 by the Honorable Gary L. Sharpe, United States Magistrate Judge, pursuant to 28 U.S.C. § 636(b) and L.R. 72.3(d) of the Northern District of New York. After ten days from the service thereof, the Clerk has sent the entire file to the undersigned, including the objections by Plaintiff, which were filed on 17 December 1999.

Plaintiff filed this action in appeal of the Social Security Administration's denial of his claim for disability insurance benefits. Plaintiff has sought benefits from the Social Security Administration in numerous claims extending back to 1975. His disability claim appears to arise from a lower-back injury sustained in 1964 while employed by Rome Cable Corporation. (See claim for disability benefits, submitted to Disability Benefits Bureau, State of New York Workers' Comp. Bd., 23 Feb. 1996, attached to Pl.'s Objections (Doc. 20, 17 Dec. 1999).)

It is the duty of this Court to "make a de novo determination of those portions of the report or specified proposed findings or recommendations to which objection is made." 28 U.S.C. § 636(b). "A judge of the court may accept, reject, or modify, in whole or in part, the findings or recommendations made by the magistrate." Id. This Court has considered the objections and has undertaken a de novo review of the record and has determined that Judge Sharpe's well-reasoned Report-Recommendation should be approved for the reasons stated therein.

Accordingly, it is hereby

ORDERED that the Report-Recommendation is APPROVED and ADOPTED in its ENTIRETY; and

IT IS FURTHER ORDERED that Defendant's motion to remand this action is GRANTED; and

IT IS FURTHER ORDERED that the decision denying Plaintiff disability benefits is REMANDED to the Social Security Administration pursuant to Sentence Six of 42 U.S.C. § 405(g) for further proceedings consistent with this Decision and with Judge Sharpe's Report-Recommendation; and

IT IS FURTHER ORDERED that Plaintiffs "Sharpe" motion is DENIED; and

IT IS FURTHER ORDERED that the Clerk serve a copy of this order on all parties by regular mail.

IT IS SO ORDERED.

REPORT-RECOMMENDATION*fn1

PROCEDURAL HISTORY

The plaintiff in this action has a twenty-four year history with the Social Security Administration ("the Administration") and has filed numerous disability benefit claims. On August 14, 1975, the plaintiff filed his first benefits application, which was denied on November 13, 1975. This denial was not appealed and the claim was dismissed. On February 6, 1978, the plaintiff filed a second application and it was denied on April 4, 1978, without the plaintiff filing an appeal. Thereafter, on July 17, 1980, he filed a third application that was denied because he failed to present any new evidence of a disability that would justify ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.