Bembridge v. Colvin

Filing 20

DECISION and ORDER. The Report-Recommendation 17 is adopted in all respects. The Commissioner's decision is AFFIRMED; defendant's motion for judgment on the pleadings is GRANTED; and the complaint is DISMISSED. The Clerk of the Court shall enter judgment and close the case. Signed by U.S. District Judge David N. Hurd on 7/12/2016. (lah)

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UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK -------------------------------TASMEIA BEMBRIDGE, Plaintiff, -v- 3:15-CV-0745 (DNH/ATB) CAROLYN W. COLVIN, Acting Commissioner of Social Security, Defendant. -------------------------------APPEARANCES: OF COUNSEL: LACHMAN, GORTON LAW FIRM Attorney for Plaintiff P.O. Box 89 1500 East Main Street Endicott, NY 13761 PETER A. GORTON, ESQ. SOCIAL SECURITY ADMINISTRATION Attorney for Defendant Office of Regional General Counsel Region II 26 Federal Plaza - Room 3904 New York, NY 10278 GRAHAM MORRISON, ESQ. DAVID N. HURD United States District Judge DECISION and ORDER Plaintiff Tasmeia Bembridge filed this action seeking judicial review of a final decision of the Commissioner of Social Security denying her application for disability benefits and supplemental security income under the Social Security Act. By Report-Recommendation dated May 16, 2016, the Honorable Andrew T. Baxter, United States Magistrate Judge, recommended that the Commissioner’s decision finding no disability be affirmed. Plaintiff filed timely objections to the Report-Recommendation. See ECF Nos. 18 - 19. Based upon a de novo determination of the portion of the Report-Recommendation to which plaintiff objected, the Report-Recommendation is accepted and adopted in all respects. See 28 U.S.C. § 636(b)(1). Therefore, it is ORDERED that: (1) the Commissioner’s decision is AFFIRMED; (2) defendant’s motion for judgment on the pleadings is GRANTED; and (3) the complaint is DISMISSED. The Clerk of the Court shall enter judgment and close the case. IT IS SO ORDERED. Dated: July 12, 2016 Utica, New York -2-

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