Wahrmann v. Commissioner of Social Security, No. 6:2013cv00431 - Document 22 (N.D.N.Y 2014)

Court Description: DECISION AND ORDER: The # 21 Report and Recommendation of the Magistrate Judge is accepted in whole. It is ORDERED that Commissioner's decision denying plaintiff benefits is AFFIRMED, and that plaintiff's # 1 Complaint is DISMISSED in its entirety. The Clerk of the Court is directed to enter a judgment and close the file. Signed by Judge David N. Hurd on 9/15/2014. [Copy served upon pro se plaintiff via regular and certified mail.] (mc)

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UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK -------------------------------JOHN K. WAHRMANN, Plaintiff, -v- 6:13-CV-0431 (DNH/ATB) COMMISSIONER OF SOCIAL SECURITY, Defendant. -------------------------------APPEARANCES: OF COUNSEL: OFFICE OF GENERAL COUNSEL Attorneys for Defendant Social Security Administration Region II 26 Federal Plaza, Room 3904 New York, NY 10278 TOMASINA DIGRIGOLI, ESQ. DAVID N. HURD United States District Judge DECISION and ORDER Plaintiff John K. Wahrmann filed this action seeking judicial review of a final decision of the Commissioner of Social Security denying his application for disability insurance benefits and Social Security Income benefits under the Social Security Act. By ReportRecommendation dated August 19, 2014, the Honorable Andrew T. Baxter, United States Magistrate Judge, recommended that the Commissioner's decision denying plaintiff benefits be affirmed and plaintiff's complaint be dismissed in its entirety. No objections to the ReportRecommendation were filed. Based upon a careful review of the entire file and the recommendations of the Magistrate Judge, the Report-Recommendation is accepted in whole. See 28 U.S.C. ยง 636(b)(1). Therefore, it is ORDERED that 1. The Commissioner's decision denying plaintiff benefits is AFFIRMED; and 2. The complaint is DISMISSED in its entirety. The Clerk of the Court is directed to enter judgment accordingly and close the file. IT IS SO ORDERED. Dated: September 15, 2014 Utica, New York. -2-

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