Cabral v. Commissioner of Social Security, No. 6:2021cv01237 - Document 16 (N.D.N.Y 2023)
Court Description: DECISION & ORDER adopting Report and Recommendations re 15 Report and Recommendations. The Report-Recommendation of Judge Stewart, dkt. # 15, is hereby ACCEPTED and ADOPTED. The Plaintiffs motion for judgment on the pleadings, dkt. # 11, is hereby DENIED. Defendants motion for judgment on the pleadings, dkt. # 14, is hereby GRANTED. IT IS SO ORDERED. Signed by Senior Judge Thomas J. McAvoy on 1/23/2023. (khr)
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Cabral v. Commissioner of Social Security Doc. 16 Case 6:21-cv-01237-TJM-DJS Document 16 Filed 01/23/23 Page 1 of 2 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK __________________________________________ NATASHA C., Plaintiff, vs. 6:21-CV-1237 (TJM/DJS) COMMISSIONER OF SOCIAL SECURITY, Defendant. ___________________________________________ Thomas J. McAvoy, Sr. U.S. District Judge DECISION & ORDER The Court referred this Complaint, which Plaintiff brought pursuant to 42 U.S.C. §§ 405(g) and 1383(c)(3) to challenge the Commissioner of Social Security’s denial of her application for social security disability benefits, to Magistrate Judge Daniel J. Stewart for a Report-Recommendation pursuant to 28 U.S.C. § 636(b) and Local Rule 72.3(c). Plaintiff alleges that the Commissioner failed to follow the relevant legal standards and lacked substantial evidence for denying her application. Judge Stewart’s Report-Recommendation, dkt. # 15, issued December 28, 2022, recommends that the Court grant the Commissioner’s motion for judgment on the pleadings and deny the Plaintiff’s motion for judgment on the pleadings and close the case. Judge Stewart rejects Plaintiff’s arguments that the ALJ ignored relevant evidence of her limitations and failed to credit certain opinion evidence properly. 1 Dockets.Justia.com Case 6:21-cv-01237-TJM-DJS Document 16 Filed 01/23/23 Page 2 of 2 No party objected to the Report-Recommendation. The time for such objections has passed. After examining the record, this Court has determined that the ReportRecommendation is not subject to attack for plain error or manifest injustice and the Court will accept and adopt the Report-Recommendation for the reasons stated therein. Accordingly: The Report-Recommendation of Judge Stewart, dkt. # 15, is hereby ACCEPTED and ADOPTED. The Plaintiff’s motion for judgment on the pleadings, dkt. # 11, is hereby DENIED. Defendant’s motion for judgment on the pleadings, dkt. # 14, is hereby GRANTED. The Clerk of Court is directed to close the case. IT IS SO ORDERED. Dated: January 23, 2023 2
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