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Metz v. Astrue

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK


May 31, 2010

LEE R. METZ, PLAINTIFF,
v.
MICHAEL J. ASTRUE, COMMISSIONER OF SOCIAL SECURITY, DEFENDANT.

The opinion of the court was delivered by: Scullin, Senior Judge

ORDER

Plaintiff brought this action pursuant to 42 U.S.C. § 405(g), seeking review of Defendant's denial of his application for Social Security disability insurance benefits and supplemental security income under the Social Security Act. See Dkt. No. 1. Plaintiff moved for a finding that he is entitled to benefits under the Social Security Act or, in the alternative, for a remand. See Dkt. No. 12. Defendant filed an answer asserting that substantial evidence supported his findings and determination that Plaintiff was not disabled during the relevant period. See Dkt. No. 6. Defendant also cross-moved for a judgment on the pleadings. See Dkt. No. 15. In a Report and Recommendation dated April 21, 2010, Magistrate Judge Homer recommended that this Court affirm Defendant's decision denying disability benefits to Plaintiff, deny Plaintiff's motion for a finding of disability, and grant Defendant's cross-motion. See Dkt. No. 16 at 40. The parties did not file any objections to Magistrate Judge Homer's recommendations.

Having reviewed the entire record in this matter, Magistrate Judge Homer's April 21, 2010 Report and Recommendation, and the applicable law, the Court hereby

ORDERS that Magistrate Judge Homer's April 21, 2010 Report and Recommendation is ADOPTED in its entirety; and the Court further

ORDERS that, for the reasons stated in Magistrate Judge Homer's April 21, 2010 Report and Recommendation, Defendant's decision denying disability benefits to Plaintiff is AFFIRMED; Plaintiff's motion for a finding of disability or, in the alternative, for remand is DENIED; and Defendant's cross-motion for judgment on the pleadings is GRANTED; and the Court further

ORDERS that the Clerk of the Court shall enter judgment in Defendant's favor and close this case.

IT IS SO ORDERED.

20100531

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