Summary
holding that the ALJ "was under no obligation to incorporate all of the doctor's assessments into the RFC" even though he afforded the doctor's opinion "significant weight"
Summary of this case from Rice v. Comm'r of Soc. Sec.Opinion
1:15-CV-58 (DNH/TWD)
03-28-2016
SARAH M. WILBURN, Plaintiff, v. COMMISSIONER OF SOCIAL SECURITY, Defendant.
APPEARANCES: Office of Peter M. Margolius Attorneys for Plaintiff 7 Howard Street Catskill, NY 12414 Social Security Administration Attorneys for Defendant Office of Regional General Counsel Region II 26 Federal Plaza - Room 3904 New York, NY 10278 OF COUNSEL: PETER M. MARGOLIUS, ESQ. BENIL ABRAHAM, ESQ. Special Asst. U.S. Attorney
APPEARANCES: Office of Peter M. Margolius
Attorneys for Plaintiff
7 Howard Street
Catskill, NY 12414 Social Security Administration
Attorneys for Defendant
Office of Regional General Counsel
Region II
26 Federal Plaza - Room 3904
New York, NY 10278 OF COUNSEL: PETER M. MARGOLIUS, ESQ. BENIL ABRAHAM, ESQ.
Special Asst. U.S. Attorney DAVID N. HURD United States District Judge DECISION and ORDER
Plaintiff Sadie M. Wilburn filed this action seeking judicial review of a final decision of the Commissioner of Social Security denying her application for supplemental security income benefits and disability insurance benefits under the Social Security Act. By Report-Recommendation dated February 29, 2016, the Honorable Thérèse Wiley Dancks, United States Magistrate Judge, recommended that the decision of the Commissioner be affirmed and defendant's motion for judgment on the pleadings be granted. No objections to the Report-Recommendation have been filed.
Based upon a careful review of the entire file and the recommendations of the Magistrate Judge, the Report-Recommendation is accepted in whole. See 28 U.S.C. § 636(b)(1).
Therefore,
it is ORDERED that
Plaintiff's complaint is DISMISSED.
The Clerk of the Court shall enter judgment and close the case.
IT IS SO ORDERED.
/s/_________
United States District Judge Dated: March 28, 2016
Utica, New York