Summary
observing that an administrative hearing comported with due process requirements because the claimant "received notifications prior to the hearing explaining the process and her rights" and "attended the hearing, testified, was able to hear and question all witnesses, and was allowed to present evidence"
Summary of this case from Adelman v. ColvinOpinion
Civil Action No. 1:13-cv-335 (GLS/ESH)
04-28-2014
SARA POKLUDA Plaintiff, v. CAROLYN W. COLVIN, Acting Commissioner of Social Security Defendant.
APPEARANCES: FOR THE PLAINTIFF: Office of Stephen J. Mastaitis, Jr. 1412 Route 9P Saratoga Springs, New York 12866 FOR THE DEFENDANT: Social Security Administration Office of Regional General Counsel Region II 26 Federal Plaza - Room 3904 New York, New York 10278 OF COUNSEL: STEPHEN J. MASTAITIS, JR., ESQ. DAVID L. BROWN, ESQ. GRAHAM MORRISON, ESQ.
APPEARANCES:
FOR THE PLAINTIFF:
Office of Stephen J. Mastaitis, Jr.
1412 Route 9P
Saratoga Springs, New York 12866
FOR THE DEFENDANT:
Social Security Administration
Office of Regional General Counsel
Region II
26 Federal Plaza - Room 3904
New York, New York 10278 OF COUNSEL: STEPHEN J. MASTAITIS, JR.,
ESQ. DAVID L. BROWN, ESQ.
GRAHAM MORRISON, ESQ. GARY L. SHARPE, CHIEF JUDGE ORDER
The above-captioned matter comes to this court following a Report-Recommendation by Magistrate Judge Earl S. Hines, duly filed March 21, 2014. Following fourteen days from the service thereof, the Clerk has sent the file, including any and all objections filed by the parties herein.
No objections having been filed, and the court having reviewed the Magistrate Judge's Report-Recommendation for clear error, it is hereby
ORDERED that the Report-Recommendation of Magistrate Judge Earl S. Hines filed March 21, 2014 (Dkt. No. 17) is ACCEPTED in its entirety for the reasons stated therein; and it is further
ORDERED that Pokluda's request to remand this action is DENIED. The Commissioner's decision is AFFIRMED and Pokluda's complaint (Dkt. No. 1) is DISMISSED; and it is further
ORDERED that the Clerk close this case and provide a copy of this Order to the parties in accordance to the local rules. IT IS SO ORDERED. Dated: April 28, 2014
Albany, New York
/s/_________
Gary L. Sharpe
Chief Judge,
U.S. District Court