Wolven v. Astrue

Filing 16

ORDER. The Court hereby ORDERS that Magistrate Judge Hummel's 14 Report-Recommendation and Order is ACCEPTED in its entirety for the reasons stated therein. The Court further ORDERS that Defendant's decision is AFFIRMED. The Court furt her ORDERS that the Defendant's motion for judgment on the pleadings is GRANTED and the Plaintiff's motion for judgment on the pleadings is DENIED. The Court further ORDERS that the Clerk of the Court shall enter judgment in favor of the Defendant and close this case. Signed by Senior Judge Frederick J. Scullin, Jr on 9/25/2014. (dpk)

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF NEW YORK
________________________________________________
GUENEVIERE WOLVEN also known as
Gueneviere Gardner,
Plaintiff,
v.

1:12-CV-1308
(FJS/CFH)

CAROLYN W. COLVIN, Acting Commissioner
of Social Security,
Defendant.
________________________________________________
APPEARANCES

OF COUNSEL

BINDER AND BINDER
60 East 42nd Street, Suite 520
New York, New York 10165
Attorneys for Plaintiff

CHARLES E. BINDER, ESQ.

SOCIAL SECURITY ADMINISTRATION
OFFICE OF REGIONAL GENERAL
COUNSEL, REGION II
26 Federal Plaza, Room 3904
New York, New York 10278

JOANNE J. PENGELLY, ESQ.

SCULLIN, Senior Judge
ORDER
Plaintiff commenced this action, seeking judicial review of the Commissioner's final
decision. See Dkt. No. 1. Defendant filed her answer and the administrative record on February
7, 2013. See Dkt. Nos. 6-7. Plaintiff filed her motion for judgment on the pleadings on March
25, 2013, see Dkt. No. 9; and Defendant filed her motion for judgment on the pleadings on June
6, 2013, see Dkt. No. 13. On November 12, 2013, Magistrate Judge Hummel issued his ReportRecommendation and Order in which he recommended that this Court deny Plaintiff's judgment

on the pleadings and affirm Defendant's final decision. See Dkt. No. 14. Plaintiff filed
objections to these recommendations. See Dkt. No. 15.
In reviewing a magistrate judge's report-recommendation, the district court may decide to
accept, reject or modify the recommendations therein. See 28 U.S.C. § 636(b)(1). The court
conducts a de novo review of the magistrate judge's recommendations to which a party objects.
See Pizzaro v. Bartlett, 776 F. Supp. 815, 817 (S.D.N.Y. 1991). "'"If, however, the party makes
only conclusory or general objections, or simply reiterates his original arguments, the Court
reviews the Report and Recommendation only for clear error."'" Salmini v. Astrue, No. 3:06-CV458, 2009 WL 1794741, *1 (N.D.N.Y. June 23, 2009) (quoting [Farid v. Bouey, 554 F. Supp. 2d
301] at 306 [(N.D.N.Y. 2008)] (quoting McAllan v. Von Essen, 517 F. Supp. 2d 672, 679
(S.D.N.Y. 2007))). Finally, even if the parties file no objections, the court must ensure that the
face of the record contains no clear error. See Wilds v. United Parcel Serv., Inc., 262 F. Supp. 2d
163, 169 (S.D.N.Y. 2003) (quotation omitted).
The Court has conducted a de novo review of Magistrate Judge Hummel's November 12,
2013 Report-Recommendation and Order in light of Plaintiff's objections. Having completed
that review, the Court agrees with Magistrate Judge Hummel's conclusion that the Administrative
Law Judge ("ALJ") properly evaluated the medical opinion evidence, applied the correct legal
standards, and reached a decision that was supported by substantial evidence. In addition, the
Court concurs with Magistrate Judge Hummel's finding that the ALJ did not engage in any
conduct that would merit a remand. Accordingly, the Court hereby
ORDERS that Magistrate Judge Hummel's November 12, 2013 Report-Recommendation
and Order is ACCEPTED in its entirety for the reasons stated therein; and the Court further
-2-

ORDERS that Defendant's decision is AFFIRMED; and the Court further
ORDERS that Defendant's motion for judgment on the pleadings is GRANTED; and the
Court further
ORDERS that Plaintiff's motion for judgment on the pleadings is DENIED; 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.

Dated: September 25, 2014
Syracuse, New York

-3-