Summary
finding harmless error with respect to ALJ's credibility analysis where ALJ's RFC determination was largely consistent with claimant's testimony
Summary of this case from Geraldine R. v. Comm'r of Soc. Sec.Opinion
8:12-CV-1381 (DNH/ATB)
11-19-2013
DONNA POLYNICE, Plaintiff, v. CAROLYN W. COLVIN, Defendant.
OFFICE OF MARK A. SCHNEIDER Attorney for Plaintiff OFFICE OF GENERAL COUNSEL Social Security Administration Region II Attorneys for Defendant MARK A. SCHNEIDER, ESQ. REBECCA H. ESTELLE, ESQ.
APPEARANCES: OFFICE OF MARK A. SCHNEIDER
Attorney for Plaintiff
OFFICE OF GENERAL COUNSEL
Social Security Administration
Region II
Attorneys for Defendant
OF COUNSEL: MARK A. SCHNEIDER, ESQ. REBECCA H. ESTELLE, ESQ. DAVID N. HURD
United States District Judge
DECISION and ORDER
Plaintiff Donna Polynice filed this action seeking judicial review of a final decision of the Commissioner of Social Security denying her application for disability insurance benefits and supplemental security income payments. By Report-Recommendation dated October 18, 2013, the Honorable Andrew T. Baxter, United States Magistrate Judge, recommended that the decision of the Commissioner be affirmed, plaintiff's complaint be dismissed, and that plaintiff's letter motion requesting "Consideration of Subsequent Fully Favorable ALJ Decision" be denied. Plaintiff filed timely objections to the Report-Recommendation.
Based upon a de novo determination of the portions of the Report-Recommendation to which plaintiff objected, the Report-Recommendation is accepted and adopted in all respects. See 28 U.S.C. § 636(b)(1).
Accordingly, it is
ORDERED that
1. The Commissioner's decision is AFFIRMED;
2. Plaintiff's complaint is DISMISSED in its entirety; and
3. Plaintiff's letter motion requesting "Consideration of Subsequent Fully Favorable ALJ Decision" is DENIED.
The Clerk is directed to file a judgment accordingly.
IT IS SO ORDERED.
__________________
United States District Judge
Dated: November 19, 2013
Utica, New York.