Phillips v. Commissioner of Social Security, No. 6:2006cv01294 - Document 15 (N.D.N.Y 2009)
Court Description: DECISION & ORDER: accepting in whole the 14 Report and Recommendations of Magistrate Judge DiBianco. ORDERED that the deft's motion for judgment on the pleadings is GRANTED; The Commissioner's finding of no disability is AFFIRMED; Pltf's complaint is DISMISSED in its entirety; and the Clerk is directed to enter judgment accordingly and close the file. Signed by Judge David N. Hurd on 2/23/2009. (see)
Download PDF
<![CDATA[
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK -------------------------------JERRY PHILLIPS Plaintiff, vs 6:06-CV-1294 (DNH/GJD) COMMISSIONER OF SOCIAL SECURITY, Defendant. -------------------------------APPEARANCES: OF COUNSEL: JERRY PHILLIPS Plaintiff, pro se 206 Bunker Hill Rd. Mayfield, NY 12117 COMMISSIONER OF SOCIAL SECURITY Social Security Administration Office of Regional General Counsel Region II 26 Federal Plaza - Room 3904 New York, NY 10278 JENNIFER S. ROSA, ESQ. DAVID N. HURD United States District Judge DECISION and ORDER Plaintiff brought this action seeking judicial review of a determination of the Commissioner of Social Security finding that he was not disabled within the meaning of the Social Security Act. By Report and Recommendation dated January 28, 2009, the Honorable Gustave J. DiBianco, United States Magistrate Judge, recommended that the defendant's motion for judgment on the pleadings be granted, the Commissioner's finding of no disability be affirmed, and plaintiff's complaint be dismissed in its entirety. No objections were filed. Based upon a careful review of entire file and the recommendations of the Magistrate Judge, the Report-Recommendation is accepted in whole. See 28 U.S.C. 636(b)(1). Accordingly, it is ORDERED that 1. The defendant's motion for judgment on the pleadings is GRANTED; 2. The Commissioner's finding of no disability is AFFIRMED; 3. Plaintiff's complaint is DISMISSED in its entirety; and 4. The Clerk is directed to enter judgment accordingly and close the file. IT IS SO ORDERED. Dated: February 23, 2009 Utica, New York. - 2 -
]]>
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You
should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google
Privacy Policy and
Terms of Service apply.
