Summary
noting that an ALJ may properly consider that the family care physician did not specialize in mental health in determining the weight to accord to her opinion on the plaintiff's mental status and limitations relating to her mental condition
Summary of this case from Medick v. ColvinOpinion
No. 07-CV-954.
June 5, 2009
Peter M. Margolius, Esq., Attorney for Plaintiff, Catskill, New York.
Sandra M. Grossfeld, Michael J. Astrue, Commissioner of Social Security, Attorney for Defendant, Office of Regional General Counsel, New York, New York.
DECISION AND ORDER
The above-captioned matter having been presented to me by the Report-Recommendation of Magistrate Judge Victor E. Bianchini filed May 12, 2009, and the Court having reviewed the Report-Recommendation and the entire file in this matter, and no objections to said Report-Recommendation having been filed, the Court hereby
ORDERS that the Report-Recommendation of Magistrate Judge Victor E. Bianchini filed May 12, 2009 is, for the reasons stated therein, ACCEPTED in its entirety; and the Court further
ORDERS that plaintiff's motion for judgment on the pleadings is DENIED and the defendant's motion for judgment on the pleadings is GRANTED, and the Court further
ORDERS that the Clerk of the Court shall enter judgment in favor of the defendant and close this case.