Schell v. Astrue, No. 3:2010cv01476 - Document 16 (N.D.N.Y 2012)

Court Description: DECISION AND ORDER adopting 14 Report and Recommendations. Deft's motion for judgment on the pleadings is granted. Commissioner's determination finding no disability and denying Pltf SSI benefits is confirmed and Pltf's complaint is dismissed. Signed by Senior Judge Thomas J. McAvoy on 2/10/12. (sfp, )

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UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK PAMELA SCHELL o/b/o R.A, Plaintiff, -vs- 3:10-CV-1476 MICHAEL J. ASTRUE, Commissioner of Social Security, Defendant. Thomas J. McAvoy, United States District Judge DECISION and ORDER This matter was referred to the Hon. David E. Peebles, United States Magistrate Judge, for a Report and Recommendation ( Report-Recommendation ) pursuant to 28 U.S.C. § 636(b) and Rule 72.3(d) of the Local Rules of the Northern District of New York. In a ReportRecommendation dated November 28, 2011, Magistrate Judge Peebles recommended that the decision of the Commissioner be affirmed and the Complaint be dismissed. Plaintiff has filed objections. When objections to a magistrate judge s Report-Recommendation are lodged, the Court reviews the record de novo. See 28 U.S.C. § 636(b)(1). After such a review, the Court may accept, reject, or modify, in whole or in part, the findings or recommendations made by the magistrate [judge]. Id. The Court may also receive further evidence or recommit the matter to the magistrate 1 judge with instructions. Id. Thus, the Court reviews the instant matter de novo. After reviewing the matter de novo, the Court agrees with the Report-Recommendation in its entirety. The decision of the ALJ was supported by substantial evidence and resulted from the application of proper legal principles. The Court has reviewed Plaintiff s objections to the ReportRecommendation and finds them to be without merit. Consequently, Defendant s motion for judgment on the pleadings is GRANTED. The Commissioner s determination finding no disability and denying Plaintiff SSI benefits is CONFIRMED and Plaintiff s Complaint is DISMISSED. The Clerk of the Court shall close this file in this matter. IT IS SO ORDERED. Dated: February 10, 2012 2

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