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Cobbins v. Commissioner of Social Security

United States District Court, N.D. New York

March 21, 2012

PERCY S. COBBINS, Plaintiff,
v.
COMMISSIONER OF SOCIAL SECURITY, Defendant

Order Filed: March 1, 2012

Page 127

[Copyrighted Material Omitted]

Page 128

For Plaintiff: PETER M. MARGOLIUS, ESQ., OF COUNSEL, OFFICE OF PETER M. MARGOLIUS, Catskill, New York.

For Defendant: ANDREEA L. LECHLEITNER, ESQ., OF COUNSEL, SOCIAL SECURITY ADMINISTRATION, OFFICE OF REGIONAL GENERAL, COUNSEL REGION II, New York, New York.

Page 129

ORDER

Frederick J. Scullin, Jr., Senior United States District Court Judge.

Plaintiff commenced this action on November 23, 2009, seeking judicial review of Defendant's final decision denying him supplement security income benefits and disability insurance benefits under the Social Security Act. See Dkt. No. 1. Defendant filed an answer on March 8, 2010. See Dkt. No. 8. Plaintiff filed a supporting brief on March 22, 2010, see Dkt. No. 9; and Defendant filed a brief in opposition on March 29, 2010, see Dkt. No. 10.

Proceeding as if both parties had accompanied their briefs with a motion for judgment on the pleadings, see Gen. Order No. 18, Magistrate Judge Bianchini recommended that the Court grant Defendant's motion and deny Plaintiff's motion. See Dkt. No. 12 at 15-16. The parties did not file any objections to these recommendations.

When a party does not object to a magistrate judge's report-recommendation, the court reviews that report-recommendation for clear error or manifest injustice. See Linares v. Mahunik, No. 9:05-CV-625, 2009 WL 3165660, *10 (N.D.N.Y. July 16, 2009) (citation and footnote omitted). After conducting this review, " the Court may 'accept, reject, or modify, in whole or in part, the . . . recommendations made by the magistrate judge.'" Id. (quoting 28 U.S.C. § 636(b)(1)(C)).

The Court has reviewed Magistrate Judge Bianchini's March 1, 2012 Report and Recommendation for clear error and manifest injustice; and, finding none, the Court hereby

ORDERS that Magistrate Judge Bianchini's March 1, 2012 Report and Recommendation is ACCEPTED in its entirety for the reasons stated therein; and the Court further

ORDERS that Plaintiff's motion for judgment on the pleadings is DENIED; and the Court further

ORDERS that Defendant's motion for judgment on the pleadings is GRANTED; and the Court further

ORDERS that Defendant's final decision denying benefits is AFFIRMED; and the Court further

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

IT IS SO ORDERED.

REPORT AND RECOMMENDATION

Victor E. Bianchini, United States Magistrate Judge.

I. INTRODUCTION

In July of 2006, Plaintiff Percy S. Cobbins filed an application for supplemental security income (" SSI" ) benefits and disability insurance benefits (" DIB" ) under the Social Security Act. Plaintiff alleges that he has been unable to work since October of 2005 due to physical impairments. The Commissioner of Social Security denied Plaintiff's applications.

Page 130

Plaintiff, by and through his attorney, Peter M. Margolius, Esq., commenced this action on November 23, 2009, seeking judicial review of the Commissioner's decision pursuant to 42 U.S.C. § § 405 (g) and 1383 (c)(3).

The Honorable Norman A. Mordue, Chief United States District Judge, referred this case to the undersigned for a Report and Recommendation pursuant to 28 U.S.C. § 636(b)(1)(A) and (B). (Docket No. 11).

II. BACKGROUND

The relevant procedural history may be summarized as follows:

Plaintiff applied for SSI benefits and DIB on July 3, 2006, alleging disability beginning on October 9, 2005. The applications were denied initially and Plaintiff timely requested a hearing before an Administrative Law Judge (" ALJ" ). A hearing was held on May 8, 2009, in Albany, New York, before ALJ Terence Farrell. Plaintiff appeared with a non-attorney representative and testified. Testimony was also received from Julie Andrews, a vocational expert. (T at 15, 401-36).[1]

On May 29, 2009, ALJ Farrell issued a written decision denying Plaintiff's applications. (T at 15-23). The ALJ's decision became the Commissioner's final decision on September 30, 2009, when the Appeals ...


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