Clark v. Commissioner of Social Security

Filing 24

DECISION & ORDER: The Court accepts and adopts Magistrate Judge Baxter's 21 recommendations for the reasons stated in his Report-Recommendation. The decision by the Commissioner of Social Security to deny plaintiff's application for Social Security Disability Insurance Benefits ("DIB") under the Social Security Act is AFFIRMED, and plaintiff's Complaint is DISMISSED. Signed by Senior Judge Thomas J. McAvoy on 3/14/2016. (mgh)

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF NEW YORK
________________________________________
JERRY CLARK,
Plaintiff,
v.

1:14-CV-1349
(TJM/ATB)

COMMISSIONER OF SOCIAL SECURITY,
Defendant.
________________________________________
THOMAS J. McAVOY,
Senior United States District Judge

DECISION & ORDER
I.

INTRODUCTION
In this action, Plaintiff Jerry Clark seeks judicial review of a decision by the

Commissioner of Social Security to deny plaintiff’s application for Social Security
Disability Insurance Benefits (“DIB”). The Court referred this matter to the Hon. Andrew T.
Baxter, United States Magistrate Judge, for a Report and Recommendation pursuant to 28
U.S.C. § 636(b) and Local Rule N.D.N.Y. 72.3(c).
In his October 21, 2015 Report-Recommendation, Magistrate Judge Baxter
recommends that the decision of the Commissioner be affirmed and plaintiff’s complaint
be dismissed. Dkt. # 21. Plaintiff lodges objections to Magistrate Judge Baxter’s
recommendations, Dkt. # 22, and the Commissioner submits a response thereto. Dkt. #
23.

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II.

STANDARD OF REVIEW
When objections to a magistrate judge's report and recommendation are lodged,

the district court makes a “de novo determination of those portions of the report or
specified proposed findings or recommendations to which objection is made.” See 28
U.S.C. § 636(b)(1)(C); see also United States v. Male Juvenile, 121 F.3d 34, 38 (2d
Cir.1997)(The Court must make a de novo determination to the extent that a party makes
specific objections to a magistrate's findings.). General or conclusory objections, or
objections which merely recite the same arguments presented to the magistrate judge, are
reviewed for clear error. Farid v. Bouey, 554 F. Supp. 2d 301, 306 n. 2 (N.D.N.Y. 2008);
see Frankel v. N.Y.C., 2009 WL 465645 at *2 (S.D.N.Y. Feb. 25, 2009). After reviewing
the report and recommendation, the Court may “accept, reject, or modify, in whole or in
part, the findings or recommendations made by the magistrate judge. The judge may also
receive further evidence or recommit the matter to the magistrate judge with instructions.”
28 U.S.C. § 636(b)(1)(C).
III.

DISCUSSION
On de novo review of those portions of the Report-Recommendation to which

objection is made, the Court agrees with Magistrate Judge Baxter’s conclusions.
Therefore, the Court accepts and adopts Magistrate Judge Baxter’s recommendations for
the reasons stated in his thorough report.
IV.

CONCLUSION
For the reasons discussed above, the Court accepts and adopts Magistrate Judge

Baxter’s recommendations for the reasons stated in his Report-Recommendation [Dkt. #

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21]. The decision by the Commissioner of Social Security to deny plaintiff’s application for
Social Security Disability Insurance Benefits (“DIB”) under the Social Security Act is
AFFIRMED, and plaintiff’s Complaint is DISMISSED.
The Clerk of the Court may close the file in this matter.
IT IS SO ORDERED.
Dated:March 14, 2016

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