Summary
finding no error where the ALJ failed to specifically address Dr. Noia's reference to Plaintiff's difficulties with stress because his opinion and the opinion of the State Agency medical consultant supported the conclusion that the plaintiff could perform the basic mental demands of unskilled work, "not withstanding some difficulty managing stress"
Summary of this case from Clark v. BerryhillOpinion
5:12-CV-792 (DNH/VEB)
08-01-2013
SHIRLEY ROCKWELL, Plaintiff, v. CAROLYN W. COLVIN, Defendant.
OLINSKY LAW GROUP Attorneys for Plaintiff OFFICE OF GENERAL COUNSEL Social Security Administration Region II Attorneys for Defendant OF COUNSEL: HOWARD D. OLINSKY, ESQ. SERGEI ADEN, ESQ.
APPEARANCES: OLINSKY LAW GROUP
Attorneys for Plaintiff
OFFICE OF GENERAL COUNSEL
Social Security Administration
Region II
Attorneys for Defendant
OF COUNSEL: HOWARD D. OLINSKY, ESQ. SERGEI ADEN, ESQ. DAVID N. HURD
United States District Judge
DECISION and ORDER
Plaintiff Shirley Rockwell filed this action seeking judicial review of a final decision of the Commissioner of Social Security denying her application for Supplemental Security Income. By Report-Recommendation dated July 3, 2013, the Honorable Victor E. Bianchini, United States Magistrate Judge, recommended that plaintiff's motion for judgment on the pleadings be denied, the Commissioner's motion for judgment on the pleadings be granted, and this case be dismissed. 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; and
2. Plaintiff's complaint is DISMISSED in its entirety.
The Clerk is directed to file a judgment accordingly.
IT IS SO ORDERED. Dated: August 1, 2013
Utica, New York.
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United States District Judge