Opinion
1:15-CV-0789 (DNH/TWD)
09-22-2016
WENDY L. KLIMEK, Plaintiff, v. COMMISSIONER OF SOCIAL SECURITY, Defendant.
APPEARANCES: OFFICE OF PETER M. MARGOLIUS Attorney for Plaintiff 7 Howard Street Catskill, NY 12414 SOCIAL SECURITY ADMINISTRATION Attorney for Defendant Office of Regional General Counsel Region II 26 Federal Plaza - Room 3904 New York, NY 10278 OF COUNSEL: PETER M. MARGOLIUS, ESQ. FERGUS J. KAISER, ESQ.
APPEARANCES: OFFICE OF PETER M. MARGOLIUS
Attorney for Plaintiff
7 Howard Street
Catskill, NY 12414 SOCIAL SECURITY ADMINISTRATION
Attorney for Defendant
Office of Regional General Counsel
Region II
26 Federal Plaza - Room 3904
New York, NY 10278 OF COUNSEL: PETER M. MARGOLIUS, ESQ. FERGUS J. KAISER, ESQ. DAVID N. HURD United States District Judge DECISION and ORDER
Plaintiff Wendy Klimek filed this action seeking judicial review of a final decision of the Commissioner of Social Security denying her application for disability benefits and supplemental security income under the Social Security Act. By Report-Recommendation dated July 21, 2016, the Honorable Thérèse Wiley Dancks, United States Magistrate Judge, recommended that the Commissioner's decision finding no disability be affirmed. No objections to the Report-Recommendation have been 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. § 636(b)(1).
Therefore, it is ORDERED that:
(1) the Commissioner's decision is AFFIRMED;
(2) plaintiff's motion for judgment on the pleadings in DENIED;
(3) defendant's motion for judgment on the pleadings is GRANTED; and
(4) the complaint is DISMISSED.
The Clerk of the Court shall enter judgment and close the case.
IT IS SO ORDERED.
/s/_________
United States District Judge Dated: September 22, 2016
Utica, New York