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)

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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 2

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