Lockwood v. Commissioner of Social Security

Filing 21

ORDER adopting Magistrate Judge Hugh B. Scott's Report and Recommendation 16 as filed on August 8, 2014. Defendant's motion 9 for judgment on the pleadings is granted and plaintiff's motion 10 for judgment on the pleadings is denied. The Clerk of Court shall close the case. IT IS SO ORDERED. -CLERK TO FOLLOW UP-. Signed by Hon. Richard J. Arcara on 10/7/14. (LAS)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF NEW YORK

VANESSA A. LOCKWOOD,
Plaintiff,
v.

ORDER
12-CV–973

CAROLYN W. COLVIN
COMMISSIONER OF SOCIAL SECURITY,

Defendant.

The above-referenced case was referred to Magistrate Judge Hugh B.
Scott pursuant to 28 U.S.C. §636(b)(1)(B). The matter involves defendant’s
decision to award plaintiff benefits, pursuant to the Social Security Act, based
upon a disability onset date of August 1, 2007. Plaintiff objects to defendant’s
finding of August 1, 2007 as a reasonable onset date for her disability. Plaintiff
and defendant filed cross-motions for judgment on the pleadings. (Dkt. Nos. 9
and 10) On August 8, 2014, Magistrate Judge Scott issued a Report and
Recommendation recommending that this Court grant defendant’s motion for
judgment on the pleadings and deny plaintiff’s cross-motion for same. (Dkt. No.
16) Specifically, Magistrate Judge Scott found that substantial evidence
supported the defendant’s choice of August 1, 2007 as the reasonable onset date
of plaintiff’s disability.
On August 22, 2014, plaintiff filed objections to the Report and

Recommendation. (Dkt. No. 17) Defendant filed a response on September 3,
2014 (Dkt. No. 18) and plaintiff filed a reply on September 19, 2014 (Dkt. No. 20).
At that time the Court deemed the matter submitted.
Pursuant to 28 U.S.C. §636(b)(1), this Court must make a de novo
determination of those portions of the Report and Recommendation to which
objections have been made. Upon de novo review, and after reviewing the
submissions of the parties, the Court adopts the proposed findings of the Report
and Recommendation in their entirety.
Accordingly, for the reasons set forth in Magistrate Judge Scott’s Report
and Recommendation, defendant’s motion for judgment on the pleadings is
granted, and plaintiff’s motion for judgment on the pleadings is denied. The Clerk
of the Court is instructed to close the case.

SO ORDERED.

____Richard J. Arcara____________
HONORABLE RICHARD J. ARCARA
UNITED STATES DISTRICT COURT
Dated: October 1, 2014

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