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Peryea v. Commissioner of Social Security

United States District Court, N.D. New York

August 20, 2014

KATRINA ANN PERYEA, Plaintiff,
v.
COMMISSIONER OF SOCIAL SECURITY, Defendant.

OLINSKY LAW GROUP HOWARD D. OLINSKY, ESQ., Syracuse, New York, Counsel for Plaintiff.

SOCIAL SECURITY ADMINISTRATION OFFICE OF REG'L GEN. COUNSEL - REGION II AMANDA J. LOCKSHIN, ESQ., New York, New York, Counsel for Defendant.

DECISION & ORDER

GLENN T. SUDDABY, District Judge.

Currently before the Court, in this action filed by Katrina Ann Peryea ("Plaintiff") against the Social Security Commissioner ("Defendant" or "Commissioner") pursuant to 42 U.S.C. §§ 405(g) and 1383(c)(3) seeking Disability Insurance Benefits ("DIB") and Supplemental Security Income ("SSI"), is the Report-Recommendation of United States Magistrate Judge Therese Wiley Dancks, issued pursuant to 28 U.S.C. § 636(b) and Local Rule 72.3 of the Local Rules of Practice for this Court, recommending that the Court affirm the final decision of the Commissioner denying Plaintiff's request for DIB and SSI. (Dkt. No. 19.) Plaintiff has not filed an Objection to the Report-Recommendation, and the deadline by which to do so has expired. ( See generally Docket Sheet.) After carefully reviewing the relevant filings in this action, the Court can find no clear error in the Report-Recommendation: Magistrate Judge Dancks employed the proper standards, accurately recited the facts, and reasonably applied the law to those facts. (Dkt. No. 28.) As a result, the Report-Recommendation is accepted and adopted in its entirety, and the decision of the Commissioner is affirmed.

ACCORDINGLY, it is

ORDERED that Magistrate Judge Dancks' Report-Recommendation (Dkt. No. 19) is ACCEPTED and ADOPTED in its entirety; and it is further

ORDERED that the Commissioner's decision is AFFIRMED; and it is further

ORDERED that the Complaint (Dkt. No. 1) is DISMISSED.


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