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Chavis v. Astrue

United States District Court, N.D. New York
Feb 18, 2010
5:07-CV-0018 (LEK/VEB) (N.D.N.Y. Feb. 18, 2010)

Summary

In Chavis, an obese patient's treating physician specifically referenced "weight reduction" as a measure to alleviate existing back pain.

Summary of this case from Younes v. Colvin

Opinion

5:07-CV-0018 (LEK/VEB).

February 18, 2010


DECISION AND ORDER


This matter comes before the Court following a Report-Recommendation filed on December 2, 2009, by the Honorable Victor E. Bianchini, United States Magistrate Judge, pursuant to 28 U.S.C. § 636(b) and L.R. 72.3(c) of the Northern District of New York. Report-Rec. (Dkt. No. 17).

Within ten days, excluding weekends and holidays, after a party has been served with a copy of a Magistrate Judge's Report-Recommendation, the party "may serve and file specific, written objections to the proposed findings and recommendations," FED. R. CIV. P. 72(b), in compliance with L.R. 72.1. No objections have been raised in the allotted time with respect to Judge Bianchini's Report-Recommendation. Furthermore, after examining the record, the Court has determined that the Report-Recommendation is not subject to attack for plain error or manifest injustice.

Accordingly, it is hereby

ORDERED, that the Report-Recommendation (Dkt. No. 17) is APPROVED and ADOPTED in its ENTIRETY; and it is further

ORDERED, that the Commissioner's decision denying disability benefits is REMANDED for further proceedings in accordance with this recommendation and pursuant to sentence four of 42 U.S.C. Section 405(g); and it is further

ORDERED, that the Clerk serve a copy of this Order on all parties.

IT IS SO ORDERED.


Summaries of

Chavis v. Astrue

United States District Court, N.D. New York
Feb 18, 2010
5:07-CV-0018 (LEK/VEB) (N.D.N.Y. Feb. 18, 2010)

In Chavis, an obese patient's treating physician specifically referenced "weight reduction" as a measure to alleviate existing back pain.

Summary of this case from Younes v. Colvin

noting that even "[wh]ere an ALJ has omitted an impairment from step two of the sequential analysis, other courts have declined to remand if the ALJ clearly considered the effects of the impairment in the remainder of his analysis"

Summary of this case from Williams v. Astrue

noting that even "[wh]ere an ALJ has omitted an impairment from step two of the sequential analysis, other courts have declined to remand if the ALJ clearly considered the effects of the impairment in the remainder of his analysis"

Summary of this case from Nosbisch v. Astrue

noting that even "[wh]ere an ALJ has omitted an impairment from step two of the sequential analysis, other courts have declined to remand if the ALJ clearly considered the effects of the impairment in the remainder of his analysis"

Summary of this case from Weakland v. Astrue

listing district court cases across multiple circuits adopting eight-step analysis from 20 C.F.R. § 404.1594(f) in determining termination of disability status in closed period cases

Summary of this case from Jones v. Astrue

In Chavis v. Astrue, No. 07-CV-0018, 2010 WL 624039, at *5 (N.D.N.Y. Feb. 18, 2010), the district court applied the medical improvement standard to a closed period of disability after finding that, although there is no precedent in the Second Circuit, the "overwhelming [majority]" of circuit courts that have addressed this question have held that the medical improvement standard is applicable.

Summary of this case from Carbone v. Astrue

remanding in a termination of benefits case for failure to consider medical evidence

Summary of this case from Williams v. Astrue
Case details for

Chavis v. Astrue

Case Details

Full title:FLOYD CHAVIS, Plaintiff, v. MICHAEL J. ASTRUE Commissioner of Social…

Court:United States District Court, N.D. New York

Date published: Feb 18, 2010

Citations

5:07-CV-0018 (LEK/VEB) (N.D.N.Y. Feb. 18, 2010)

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