United States District Court, N.D. New York
August 20, 2014
SCOTT PATRICK COLLINS, Plaintiff,
COMMISSIONER OF SOCIAL SECURITY, Defendant.
LAWRENCE D. HASSELER, ESQ., CONBOY, McKAY, BACHMAN & KENDALL, LLP, Carthage, New York, Counsel for Plaintiff.
VERNON NORWOOD, ESQ., SOCIAL SECURITY ADMINISTRATION, OFFICE OF REG'L GEN. COUNSEL - REGION II, New York, New York, Counsel for Defendant.
GLENN T. SUDDABY, District Judge.
Currently before the Court, in this action filed by Scott Patrick Collins ("Plaintiff") against the Commissioner of Social Security ("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"), are (1) the Report-Recommendation of United States Magistrate Judge Andrew T. Baxter, issued pursuant to 28 U.S.C. § 636(b)(1)(A) and (B) and Local Rule 72.3(c) of the Local Rules of Practice for this Court, recommending that the Commissioner's decision be affirmed and the Complaint be dismissed, and (2) Plaintiff's Objection to the Report-Recommendation. (Dkt. Nos. 15, 16.)
After carefully reviewing the relevant filings in this action, including the Objections, the Court can find no error in the Report-Recommendation: Magistrate Judge Baxter employed the proper standards, accurately recited the facts, and reasonably applied the law to those facts. ( Id. ) The Court rejects Plaintiff's arguments that the Commissioner's decision is not supported by substantial evidence, and that the ALJ committed reversible error for the reasons stated by Magistrate Judge Baxter. ( Id. ) As a result, the Report-Recommendation is accepted and adopted in its entirety for the reasons stated therein; the decision of the Commissioner is affirmed; and the Complaint is dismissed.
ACCORDINGLY, it is
ORDERED that Magistrate Judge Baxter's Report-Recommendation (Dkt. No. 15) 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.