Summary
holding that an ALJ must have "sound reason" for weighting portions of a medical opinion differently if "doing so smacks of 'cherry picking'"
Summary of this case from Olivia P. v. Comm'r of Soc. Sec.Opinion
1:14-CV-170 (DNH/ESH)
04-02-2015
SAMANTHA ISOLINA YOUNES, Plaintiff, v. CAROLYN W. COLVIN, Acting Commissioner Of Social Security, Defendant.
APPEARANCES: LAW OFFICES OF STEVEN R. DOLSON Attorneys for Plaintiff 126 North Salina Street, Suite 3B Syracuse, NY13202 OFFICE OF GENERAL COUNSEL Social Security Administration Region II Attorneys for Defendant 26 Federal Plaza, Room 3904 New York, NY 10278 OF COUNSEL: MAGGIE W. MCOMBER, ESQ. SIXTINA FERNANDEZ, ESQ.
APPEARANCES: LAW OFFICES OF STEVEN R. DOLSON
Attorneys for Plaintiff
126 North Salina Street, Suite 3B
Syracuse, NY13202
OFFICE OF GENERAL COUNSEL
Social Security Administration
Region II
Attorneys for Defendant
26 Federal Plaza, Room 3904
New York, NY 10278
OF COUNSEL: MAGGIE W. MCOMBER, ESQ. SIXTINA FERNANDEZ, ESQ. DAVID N. HURD United States District Judge
DECISION and ORDER
Plaintiff Samantha Isolina Younes filed this action seeking judicial review of a final decision of the Commissioner of Social Security denying her applications for child's and disability insurance benefits and supplemental security income available under the Social Security Act. By Report-Recommendation dated March 13, 2015, the Honorable Earl S. Hines, United States Magistrate Judge, recommended that the decision of the Commissioner be affirmed and plaintiff's complaint 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).
Therefore, 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.
/s/_________
United States District Judge
Dated: April 2, 2015
Utica, New York.