Summary
finding opinion that the claimant should "avoid activities that require moderate or greater exertion" was not vague and entitled to great weight, where consultative examiner made specific findings based on a physical examination of the claimant
Summary of this case from Caci v. ColvinOpinion
5:12-CV-1712 (LEK/CFH)
02-27-2014
AMJAD YASSIN, Plaintiff, v. COMMISSIONER OF SOCIAL SECURITY, Defendant.
ORDER
This matter comes before the Court following a Report-Recommendation filed on January 29, 2014, by the Honorable Christian F. Hummel, U.S. Magistrate Judge, pursuant to 28 U.S.C. § 636(b) and Local Rule 72.3(d). Dkt. No. 13 ("Report-Recommendation").
Within fourteen days 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); L.R. 72.1(c). "If no objections are filed . . . reviewing courts should review a report and recommendation for clear error." Edwards v. Fischer, 414 F. Supp. 2d 342, 346-47 (S.D.N.Y. 2006); see also Cephas v. Nash, 328 F.3d 98, 107 (2d Cir. 2003) ("As a rule, a party's failure to object to any purported error or omission in a magistrate judge's report waives further judicial review of the point."); Farid v. Bouey, 554 F. Supp. 2d 301, 306 (N.D.N.Y. 2008).
No objections to the Report-Recommendation were filed in the allotted time period. After a thorough review of the Report-Recommendation and the record, the Court has determined that the Report-Recommendation is not subject to attack for clear error or manifest injustice.
Accordingly, it is hereby:
ORDERED, that the Report-Recommendation (Dkt. No. 13) is APPROVED and ADOPTED in its entirety; and it is further
ORDERED, that the Commissioner's Decision denying disability benefits is AFFIRMED; and it is further
ORDERED, that the Clerk of the Court serve a copy of this Order upon the parties to this action.
IT IS SO ORDERED. DATED: February 27, 2014
Albany, New York
__________
Lawrence E. Kahn
U.S. District Judge