Schwerdt v. Commissioner of Social Security

Filing 17

DECISION AND ORDER: Plaintiff Kelly Elizabeth Schwerdt 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 incom e under the Social Security Act. By 14 Report- Recommendation dated September 4, 2015, the Honorable Christian F. Hummel, United States Magistrate Judge, recommended that the Commissioner's decision finding no disability be affirmed. Plaintiff filed timely objections to the Report- Recommendation. Based upon a de novo determination of the portion of the Report- Recommendation to which plaintiff objected, the Report-Recommendation is a ccepted 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) defendants motion for judgment on the pleadings is GRANTED; and (3) the 1 complaint is DISMISSED. The Clerk of the Court shall enter judgment and close the case. Signed by Judge David N. Hurd on 9/30/2015. (ptm)

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF NEW YORK
-------------------------------KELLY ELIZABETH SCHWERDT,
Plaintiff,
-v-

5:14-CV-0895
(DNH/CFH)

COMMISSIONER OF SOCIAL SECURITY,
Defendant.
-------------------------------APPEARANCES:

OF COUNSEL:

Law Offices of Steven R. Dolson
Attorney for Plaintiff
126 North Salina Street, Suite 3B
Syracuse, New York 13202

STEVEN R. DOLSON, ESQ.

Hon. Richard S. Hartunian
United States Attorney for the
Northern District of New York
Attorney for Defendant
100 South Clinton Street
Syracuse, New York 13261-7198

KAREN T. CALLAHAN, ESQ.
Special Assistant U.S. Attorney

DAVID N. HURD
United States District Judge

DECISION and ORDER
Plaintiff Kelly Elizabeth Schwerdt 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 ReportRecommendation dated September 4, 2015, the Honorable Christian F. Hummel, United

States Magistrate Judge, recommended that the Commissioner’s decision finding no disability
be affirmed. Plaintiff filed timely objections to the Report-Recommendation.
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.

Dated: September 30, 2015
Utica, New York

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