Rodriguez v. Commisioner of Social Security, No. 5:2020cv00923 - Document 24 (N.D.N.Y 2022)

Court Description: DECISION AND ORDER that Magistrate Judge Peebles' Report and Recommendation (Dkt. No. 21 ) is ACCEPTED and ADOPTED in its entirety. The Commissioner's determination is AFFIRMED. Plaintiff's Complaint (Dkt. No. 1 ) is DISMISSED. Signed by Chief Judge Glenn T. Suddaby on 3/7/2022. (sal)

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Rodriguez v. Commisioner of Social Security Doc. 24 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK ______________________________________ SANDRA C.R., on behalf of Y.E.O.C., a minor, Plaintiff, 5:20-CV-0923 (GTS/DEP) v. COMMISSIONER OF SOCIAL SECURITY, Defendant. ______________________________________ APPEARANCES: OF COUNSEL: OLINSKY LAW GROUP Counsel for Plaintiff 250 South Clinton Street, Suite 210 Syracuse, New York 13202 HOWARD D. OLINSKY, ESQ. SUSAN HURLBURT, ESQ. SOCIAL SECURITY ADMINISTRATION Counsel for Defendant J.F.K. Federal Building, Room 625 15 New Sudbury Street Boston, Massachusetts 02203 JAMES J. NAGELBERG, ESQ. GLENN T. SUDDABY, Chief United States District Judge DECISION and ORDER Currently before the Court, in this Social Security action filed by Sandra C.R., on behalf of minor Y.E.O.C. (“Plaintiff”) against the Commissioner of Social Security (“Defendant” or “Commissioner”) pursuant to 42 U.S.C. § 405(g) and 1383(c)(3), are (1) United States Magistrate Judge David E. Peebles’s Report-Recommendation recommending that Plaintiff's motion for judgment on the pleadings be denied, and that Defendant's motion for judgment on the pleadings be granted, (2) Plaintiff's Objections to the Report-Recommendation, and (3) Defendant's response to the Objections. (Dkt. Nos. 21, 22, 23.) Dockets.Justia.com Generally, a district court reviewing a magistrate judge's report and recommendation "may accept, reject, or modify, in whole or in part, the findings or recommendations made by the magistrate judge." 28 U.S.C. § 636(b)(1)(C). Parties may raise objections to the magistrate judge's report and recommendation, but they must be "specific written objections," and must be submitted "[w]ithin 14 days after being served with a copy of the recommended disposition." Fed. R. Civ. P. 72(b)(2); accord 28 U.S.C. § 636(b)(1)(C). "A judge of the court shall make a de novo determination of those portions of the [Report and Recommendation] . . . to which objection is made." 28 U.S.C. § 636(b)(1)(C); accord Fed. R. Civ. P. 72(b)(2). "Where, however, an objecting party makes only conclusory or general objections, or simply reiterates his original arguments, the Court reviews the Report and Recommendation only for clear error." Caldwell v. Crosset, 09-CV-0576, 2010 WL 2346330, at * 1 (N.D.N.Y. June 9, 2010) (quoting Farid v. Bouey, 554 F. Supp. 2d 301, 307 (N.D.N.Y. 2008)) (internal quotation marks omitted). Here, the Court does not construe Plaintiff’s Objections as asserting any new arguments, but as merely reiterating her original arguments. (Compare Dkt. No. 22 [Plf.’s Objections] with Dkt. No. 14 [Plf.’s Brief].) As a result, the Court need subject the Report-Recommendation to only a clear-error review. However, even if the Court were to subject Magistrate Judge Peebles’ Report-Recommendation to a de novo review, it would find that it survives that review: Magistrate Judge Peebles has employed the proper standards, accurately recited the facts, and reasonably applied the law to those facts. The Court bases this finding not only on the thorough Report-Recommendation but on Defendant’s response to Plaintiff’s Objections. (Dkt. Nos. 21, 23.) ACCORDINGLY, it is ORDERED that Magistrate Judge Peebles' Report and Recommendation (Dkt. No. 21) is 2 ACCEPTED and ADOPTED in its entirety; and it is further ORDERED that the Commissioner's determination is AFFIRMED; and it is further ORDERED that Plaintiff's Complaint (Dkt. No. 1) is DISMISSED. Dated: March 7, 2022 Syracuse, New York 3

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