Decker v. Commissioner of Social Security

Filing 20

ORDER: It is ordered that the # 18 Report and Recommendations is ACCEPTED in its entirety, plaintiff's motion for judgment on the pleadings is DENIED, defendant's motion for judgment on the pleadings is GRANTED. The Commissioner's decision is AFFIRMED and plaintiff's complaint is DISMISSED in its entirety. The Clerk shall enter judgment in favor of the defendant and close this case. Signed by Senior Judge Frederick J. Scullin, Jr on 3/28/2012. (jmb)

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF NEW YORK
______________________________________________
FREDERICK DECKER,
Plaintiff,
v.

8:09-CV-908
(FJS/VEB)

COMMISSIONER OF SOCIAL SECURITY,
Defendant.
______________________________________________
APPEARANCES

OF COUNSEL

OFFICE OF ANTHONY B. LAMB
300 Cornerstone Drive #335
Williston, Vermont 04595
Attorneys for Plaintiff

ANTHONY B. LAMB, ESQ.

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

DENNIS J. CANNING, ESQ.
ELLEN E. SOVERN, ESQ.
JOANNE JACKSON, ESQ.

SCULLIN, Senior Judge
ORDER
On August 7, 2009, Plaintiff commenced this action seeking judicial review of
Defendant's final decision pursuant to 42 U.S.C. §§ 405(g), 1383(c)(3). See Dkt. No. 1.
Defendant submitted his answer on December 21, 2009. See Dkt. No. 8. Plaintiff filed a brief in
support of his complaint on February 22, 2010, see Dkt. No. 12; and Defendant filed his brief in
opposition on May 3, 2010, see Dkt. No. 15. On November 28, 2011, Magistrate Judge
Bianchini issued a Report and Recommendation, in which he recommended that the Court grant

Defendant's motion for judgment on the pleadings and deny Plaintiff's motion for judgment on
the pleadings. See Dkt. No. 18. Plaintiff filed objections to those recommendations. See Dkt.
No. 19.
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 Bianchini's Report and
Recommendation in light of Plaintiff's objections and, despite Plaintiff's arguments to the
contrary, concludes that Magistrate Judge Bianchini correctly found that the ALJ had applied the
appropriate legal standards and that the ALJ's findings were supported by substantial evidence.
Accordingly, the Court hereby
ORDERS that Magistrate Judge Bianchini's November 28, 2011 Report and
Recommendation is ACCEPTED in its entirety for the reasons stated therein; and the Court
further
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ORDERS that Plaintiff's motion for judgment on the pleadings is DENIED; and the
Court further
ORDERS that Defendant's motion for judgment on the pleadings is GRANTED; and the
Court further
ORDERS that Defendant's decision is AFFIRMED; and the Court further
ORDERS that Plaintiff's complaint is DISMISSED in its entirety; 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: March 28, 2012
Syracuse, New York

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