Pickering v. Berryhill
Filing
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DECISION AND ORDER accepting and adopting # 16 Magistrate Judge Carter's Report and Recommendation in its entirety. Plaintiff's # 11 motion for judgment on the pleadings is granted in part and denied in part; and Defendant's # 12 Motion for judgment on the pleadings is granted in part and denied in part. Defendant's decision denying Plaintiff disability benefits is VACATED, and this case is REMANDED, pursuant to Sentence Four of 42 U.S.C. § 405(g) for proceedings consistent with Magistrate Judge Carter's Report and Recommendation and this Decision and Order. Signed by Chief Judge Glenn T. Suddaby on 7/20/18. (lmw)
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF NEW YORK
_____________________________________
KATY P.,
Plaintiff,
v.
8:17-CV-0700
(GTS/WBC)
COMMISSIONER OF SOCIAL SECURITY,
Defendant.
_____________________________________
APPEARANCES:
OF COUNSEL:
SCHNEIDER & PALCSIK
Counsel for Plaintiff
57 Court Street
Plattsburgh, NY 12901
MARK A. SCHNEIDER, ESQ.
U.S. SOCIAL SECURITY ADMIN.
OFFICE OF REG’L GEN. COUNSEL – REGION II
Counsel for Defendant
26 Federal Plaza - Room 3904
New York, NY 10278
JASON P. PECK, ESQ.
GLENN T. SUDDABY, Chief United States District Judge
DECISION and ORDER
Currently before the Court, in this Social Security action filed by Katy P. (“Plaintiff”)
against the Commissioner of Social Security (“Defendant” or “the Commissioner”) pursuant to
42 U.S.C. § 405(g), is the Report and Recommendation of United States Magistrate Judge
William B. Mitchell Carter, recommending that Plaintiff’s motion for judgment on the pleadings
be granted in part and denied in part and Defendant’s motion for judgement on the pleadings be
granted in part and denied in part. (Dkt. No. 16.) Objections to the Report and Recommendation
have not been filed, and the time in which to do so has expired. (Dkt. No. 16, at 17-18; see
generally Docket Sheet.)
A district court reviewing a magistrate judge’s Report and Recommendation “may
accept, reject, or modify, in whole or in part, the findings or recommendations made by the
magistrate judge.” 28 U.S.C. § 636(b)(1)(C). Parties may raise objections to the magistrate
judge’s Report and Recommendation, but they must be “specific written objections,” and must
be submitted “[w]ithin 14 days after being served with a copy of the recommended disposition.”
Fed. R. Civ. P. 72(b)(2); accord, 28 U.S.C. § 636(b)(1)(C). When no objection is made to a
report and recommendation, the Court subjects that report and recommendation to only a clearerror review. Fed. R. Civ. P. 72(b), Advisory Committee Notes: 1983 Addition. When
performing a clear-error review, “the court need only satisfy itself that there is no clear error on
the face of the record in order to accept the recommendation.” Id.; see also Batista v. Walker,
94-CV-2826, 1995 WL 453299, at *1 (S.D.N.Y. July 31, 1995) (“I am permitted to adopt those
sections of [a magistrate judge’s] report to which no specific objection is made, so long as those
sections are not facially erroneous.”) (internal quotation marks and citations omitted).
After carefully reviewing the relevant papers herein, including Magistrate Judge Carter’s
thorough Report and Recommendation, the Court can find no clear error in the Report and
Recommendation. Magistrate Judge Carter employed the proper standards, accurately recited
the facts, and reasonably applied the law to those facts. (Dkt. No. 16.)
ACCORDINGLY, it is
ORDERED that Magistrate Judge Carter’s Report and Recommendation (Dkt. No. 16) is
ACCEPTED and ADOPTED in its entirety; and it is further
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ORDERED that Plaintiff’s motion for judgment on the pleadings (Dkt. No. 11) is
GRANTED in part and DENIED in part; and it is further
ORDERED that Defendant’s motion for judgment on the pleadings (Dkt. No. 12) is
GRANTED in part and DENIED in part; and it is further
ORDERED that Defendant’s decision denying Plaintiff disability benefits is
VACATED, and this case is REMANDED, pursuant to Sentence Four of 42 U.S.C. § 405(g) for
proceedings consistent with Magistrate Judge Carter’s Report and Recommendation and this
Decision and Order.
Dated: July 20, 2018
Syracuse, New York
____________________________________
Hon. Glenn T. Suddaby
Chief U.S. District Judge
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