Peryea v. Commissioner of Social Security, No. 5:2013cv00173 - Document 20 (N.D.N.Y 2014)
Court Description: DECISION & ORDER accepting and adopting # 19 Magistrate Judge Dancks' Report and Recommendation in its entirety; affirming the Commissioner's decision and dismissing Plaintiff's complaint. Signed by Judge Glenn T. Suddaby on 8/20/14. (lmw)
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UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK ______________________________________ KATRINA ANN PERYEA, Plaintiff, 5:13-CV-0173 (GTS/TWD) v. COMMISSIONER OF SOCIAL SECURITY, Defendant. ______________________________________ APPEARANCES: OF COUNSEL: OLINSKY LAW GROUP Counsel for Plaintiff One Park Place 300 South State Street, Suite 420 Syracuse, New York 13202 HOWARD D. OLINSKY, ESQ. SOCIAL SECURITY ADMINISTRATION OFFICE OF REG L GEN. COUNSEL REGION II Counsel for Defendant 26 Federal Plaza, Room 3904 New York, New York 10278 AMANDA J. LOCKSHIN, ESQ. GLENN T. SUDDABY, United States District Judge DECISION and ORDER Currently before the Court, in this action filed by Katrina Ann Peryea ( Plaintiff ) against the Social Security Commissioner ( Defendant or Commissioner ) pursuant to 42 U.S.C. §§ 405(g) and 1383(c)(3) seeking Disability Insurance Benefits ( DIB ) and Supplemental Security Income ( SSI ), is the Report-Recommendation of United States Magistrate Judge Therese Wiley Dancks, issued pursuant to 28 U.S.C. § 636(b) and Local Rule 72.3 of the Local Rules of Practice for this Court, recommending that the Court affirm the final decision of the Commissioner denying Plaintiff s request for DIB and SSI. (Dkt. No. 19.) Plaintiff has not filed an Objection to the Report-Recommendation, and the deadline by which to do so has expired. (See generally Docket Sheet.) After carefully reviewing the relevant filings in this action, the Court can find no clear error in the Report-Recommendation: Magistrate Judge Dancks employed the proper standards, accurately recited the facts, and reasonably applied the law to those facts. (Dkt. No. 28.) As a result, the Report-Recommendation is accepted and adopted in its entirety, and the decision of the Commissioner is affirmed. ACCORDINGLY, it is ORDERED that Magistrate Judge Dancks Report-Recommendation (Dkt. No. 19) is ACCEPTED and ADOPTED in its entirety; and it is further ORDERED that the Commissioner s decision is AFFIRMED; and it is further ORDERED that the Complaint (Dkt. No. 1) is DISMISSED. Dated: August 20, 2014 Syracuse, New York 2
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