Summary
holding that although ALJ should have addressed nonacceptable source's second RFC opinion issued two years after the first, any error was harmless because addressing the opinion "would have no practical effect on the outcome of the case," since the source's second RFC opinion "was substantially similar to the [first] statement," which the ALJ discussed and assigned "no weight"
Summary of this case from Gilbert v. SaulOpinion
Case No. 1:13CV00004 AGF/NAB
03-17-2014
ELIZA HOPPER, Plaintiff, v. CAROLYN W. COLVIN, Acting Commissioner of Social Security, Defendant.
MEMORANDUM AND ORDER
Currently before the Court is the Report and Recommendation of United States Magistrate Judge Nannette A. Baker, to whom this matter was referred for recommended disposition pursuant to 28 U.S.C. § 636(b). On February 27, 2014, Magistrate Judge Baker filed her Report and Recommendation, recommending that the Court affirm the decision of the Administrative Law Judge to deny Plaintiff supplemental security income under Title XVI of the Social Security Act. Neither party has filed objections to the Report and Recommendation.
Upon careful consideration of the Report and Recommendation and the record in this case, the Court concurs with the recommendation of the Magistrate Judge that the Administrative Law Judge's decision in this matter should be affirmed.
Accordingly,
IT IS HEREBY ORDERED that the Report and Recommendation of the United States Magistrate Judge is SUSTAINED, ADOPTED, and INCORPORATED herein.
A separate Judgment shall accompany this Memorandum and Order.
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AUDREY G. FLEISSIG
UNITED STATES DISTRICT JUDGE