Johnson v. Astrue

Full title: ALTHEA JOHNSON, Plaintiff, v. MICHAEL J. ASTRUE, Commissioner, Social…

Court: United States District Court, N.D. New York

Date published: Mar 30, 2009

6:03-CV-1510 (N.D.N.Y. Mar. 30, 2009)

Opinion

6:03-CV-1510.

March 30, 2009

LOUISE MARIE TARANTINO, ESQ., EMPIRE JUSTICE CENTER, Albany, New York, Attorneys for Plaintiff.

WILLIAM H. PEASE, AUSA, OFFICE OF THE UNITED STATES ATTORNEY, James Hanley Federal Building and U.S. Courthouse, Syracuse, New York, Attorneys for Defendant.

ORDER

FREDERICK SCULLIN JR., Chief Judge

In a Report-Recommendation and Order dated January 31, 2008, Magistrate Judge Treece recommended that this Court affirm the Commissioner's decision and dismiss the Complaint. See Dkt. No. 15. Plaintiff filed objections to Magistrate Judge Treece's findings and recommendations with respect to (1) the Administrative Law Judge's ("ALJ") application of the treating physician rule; (2) the ALJ's credibility determination; and (3) the ALJ's findings with respect to Plaintiff's past relevant work and residual functional capacity. See Dkt. No. 16.

With respect to all of Plaintiff's objections, the Court concludes that Magistrate Judge Treece correctly applied the appropriate law and that Plaintiff's objections on these issues are without merit for the reasons stated in the Report-Recommendation and Order.¹

1 With respect to Plaintiff's third objection, the ALJ relied on Plaintiff's own description of her prior employment. Plaintiff's letter to her counsel, which was submitted to the Appeals Counsel, contradicted her prior statements to the ALJ. In any event, the ALJ properly relied upon the appropriate information to determine Plaintiff residual functional capacity and that she could perform her past relevant work.

Accordingly, after carefully considering Magistrate Judge Treece's Report-Recommendation and Order, Plaintiff's objections thereto, as well as the applicable law, and for the reasons stated in Magistrate Judge Treece's Report-Recommendation and Order, the Court hereby

ORDERS that Magistrate Judge Treece's January 31, 2008 Report-Recommendation and Order is ADOPTED in its entirety; and the Court further

ORDERS that the Commissioner's decision is AFFIRMED and Plaintiff's Complaint is DISMISSED; and the Court further

ORDERS that the Clerk of the Court shall enter judgment for Defendant and close this case.

IT IS SO ORDERED.