Summary
holding that, even if the ALJ erred in failing to list headaches as severe impairment at step two, such error was harmless because other severe impairments were found and the ALJ explicitly noted claimant's headaches during RFC determination
Summary of this case from Gonzalez v. ColvinOpinion
7:12-CV-01398 (NAM/TWD)
03-25-2014
KERI JO LASIEGE, Plaintiff, v. CAROLYN W. COLVIN, ACTING COMMISSIONER OF SOCIAL SECURITY, Defendant.
APPEARANCES: LEGAL AID SOCIETY OF NORTHEASTERN NEW YORK P.O. Box 648 17 Hodskin Street Canton, New York 13617 Counsel for Plaintiff HON. RICHARD S. HARTUNIAN United States Attorney for the Northern District of New York James T. Foley U.S. Courthouse, Room 218 Albany, New York 12207 Counsel for Defendant OFFICE OF GENERAL COUNSEL Social Security Administration 26 Federal Plaza, Room 3904 New York, New York 10278 OF COUNSEL: VICTORIA M. ESPOSITO, ESQ. PETER W. JEWETT, ESQ. Special Assistant U.S. Attorney STEPHEN P. CONTE, ESQ. Chief Counsel, Region II
APPEARANCES: LEGAL AID SOCIETY OF
NORTHEASTERN NEW YORK
P.O. Box 648
17 Hodskin Street
Canton, New York 13617
Counsel for Plaintiff HON. RICHARD S. HARTUNIAN
United States Attorney for the
Northern District of New York
James T. Foley U.S. Courthouse, Room 218
Albany, New York 12207
Counsel for Defendant OFFICE OF GENERAL COUNSEL
Social Security Administration
26 Federal Plaza, Room 3904
New York, New York 10278
OF COUNSEL:
VICTORIA M. ESPOSITO, ESQ. PETER W. JEWETT, ESQ.
Special Assistant U.S. Attorney STEPHEN P. CONTE, ESQ.
Chief Counsel, Region II NORMAN A. MORDUE, SENIOR U. S. DISTRICT JUDGE ORDER
The above matter comes to me following a Report-Recommendation by Magistrate Judge Therese Wiley Dancks, duly filed on the 5th day of March 2014. Following fourteen (14) days from the service thereof, the Clerk has sent me the file, including any and all objections filed by the parties herein.
After careful review of all of the papers herein, including the Magistrate Judge's Report-Recommendation, and no objections submitted thereto, it is
ORDERED that:
1. The Report-Recommendation is hereby adopted in its entirety.
2. Pursuant to sentence four of 42 U.S.C. § 405(g), this matter is remanded to the Commissioner for further proceeding.
3. The Clerk of the Court shall serve a copy of this Order upon all parties and the Magistrate Judge assigned to this case.
IT IS SO ORDERED. Dated: March 25, 2014
Syracuse, New York
/s/ _________
Norman A. Mordue
Senior U.S. District Judge