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Hopper v. Commissioner of Social Security

United States District Court, N.D. New York
Mar 17, 2008
7:06-CV-0038 (LEK/DRH) (N.D.N.Y. Mar. 17, 2008)

Summary

holding that while the treating physician made many findings, he never provided any opinions regarding the plaintiff's ability to do work-related activities nor his limitations, thus the ALJ did not err in failing to discuss what weight should be given to the treating physician's findings

Summary of this case from Duffy v. Comm'r of Soc. Sec.

Opinion

7:06-CV-0038 (LEK/DRH).

March 17, 2008


DECISION AND ORDER


This matter comes before the Court following a Report-Recommendation filed on February 22, 2008, by the Honorable David R. Homer, 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. 12).

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 Homer'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. 12) is APPROVED and ADOPTED in its ENTIRETY; and it is further

ORDERED, that the decision denying disability benefits is REMANDED for further proceedings, and it is further

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

IT IS SO ORDERED.


Summaries of

Hopper v. Commissioner of Social Security

United States District Court, N.D. New York
Mar 17, 2008
7:06-CV-0038 (LEK/DRH) (N.D.N.Y. Mar. 17, 2008)

holding that while the treating physician made many findings, he never provided any opinions regarding the plaintiff's ability to do work-related activities nor his limitations, thus the ALJ did not err in failing to discuss what weight should be given to the treating physician's findings

Summary of this case from Duffy v. Comm'r of Soc. Sec.

holding that the treating physician made many findings, but he never provided any opinions regarding the plaintiff's ability to do work-related activities nor his level of disability, thus the ALJ did not err in failing to discuss what weight should be given to the treating physician's findings as none of those findings described the plaintiff's limitations

Summary of this case from Stytzer v. Astrue

holding that the treating physician made many findings, but he never provided any opinions regarding the plaintiff's ability to do work-related activities nor his level of disability, thus the ALJ did not err in failing to discuss what weight should be given to the treating physician's findings as none of those findings described the plaintiff's limitations

Summary of this case from Carvey v. Astrue

holding that the treating physician never provided any opinions regarding the plaintiff's ability to do work-related activities nor his level of disability, thus the ALJ did not err in failing to discuss what weight should be given to the treating physician's findings as none of those findings described the plaintiff's limitations

Summary of this case from Gray v. Astrue

holding that the ALJ did not err in failing to discuss what weight should be given to a physician's findings as none of those findings described the plaintiff's limitations

Summary of this case from Shatraw v. Astrue

finding that a plaintiff's motivation, as well as medical evidence, can be used to evaluated the "true extent" of plaintiff's ability to engage in employment despite his disability

Summary of this case from Vassar v. Comm'r of Soc. Sec.

finding a disability analyst's opinions are "not a medical source opinion entitled to any weight"

Summary of this case from Larkin v. Colvin

finding a disability analyst's opinions are "not a medical source opinion entitled to any weight."

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

Hopper v. Commissioner of Social Security

Case Details

Full title:GARY A. HOPPER, Plaintiff, v. COMMISSIONER OF SOCIAL SECURITY, Defendant

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

Date published: Mar 17, 2008

Citations

7:06-CV-0038 (LEK/DRH) (N.D.N.Y. Mar. 17, 2008)

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