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Lusher v. Commissioner of Social Security

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK


May 28, 2008

ANGELA LUSHER, ON BEHALF OF HANNAH E. JUSTICE, PLAINTIFF,
v.
COMMISSIONER OF SOCIAL SECURITY, DEFENDANT.

The opinion of the court was delivered by: David N. Hurd United States District Judge

DECISION and ORDER

Plaintiff brought this action on behalf of her daughter, HJ, pursuant to 42 U.S.C. § 405(g) for a review of a decision by the Commissioner which denied benefits. By Report-Recommendation dated February 29, 2008, the Honorable David E. Peebles, United States Magistrate Judge, recommended that the defendant's motion for judgment on the pleadings be granted, the Commissioner's determination be affirmed, and plaintiff's complaint be dismissed in all respects. No objections have been filed.

Based upon a careful review of entire file and the recommendations of Magistrate Judge Peebles, the Report-Recommendation is accepted in whole. See 28 U.S.C. 636(b)(1). Accordingly, it is ORDERED that

1. Defendant's motion for judgment on the pleadings is GRANTED;

2. The Commissioner's decision denying disability benefits is AFFIRMED;

2. The complaint is DISMISSED in all respects; and

3. The Clerk is directed to enter judgment accordingly.

IT IS SO ORDERED.

20080528

© 1992-2008 VersusLaw Inc.



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