Peryea v. Commissioner of Social Security

Filing 20

DECISION & ORDER accepting and adopting # 19 Magistrate Judge Dancks' Report and Recommendation in its entirety; affirming the Commissioner's decision and dismissing Plaintiff's complaint. Signed by Judge Glenn T. Suddaby on 8/20/14. (lmw)

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF NEW YORK
______________________________________
KATRINA ANN PERYEA,
Plaintiff,
5:13-CV-0173
(GTS/TWD)

v.
COMMISSIONER OF SOCIAL SECURITY,
Defendant.
______________________________________
APPEARANCES:

OF COUNSEL:

OLINSKY LAW GROUP
Counsel for Plaintiff
One Park Place
300 South State Street, Suite 420
Syracuse, New York 13202

HOWARD D. OLINSKY, ESQ.

SOCIAL SECURITY ADMINISTRATION
OFFICE OF REG’L GEN. COUNSEL – REGION II
Counsel for Defendant
26 Federal Plaza, Room 3904
New York, New York 10278

AMANDA J. LOCKSHIN, ESQ.

GLENN T. SUDDABY, United States District Judge
DECISION and ORDER
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.
Dated: August 20, 2014
Syracuse, New York

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