Summary
upholding ALJ's credibility determination when "the record [did] not contain any contrary findings by any health care professional properly considered under the regulation as a treating source"
Summary of this case from Higgins v. ColvinOpinion
1:10-CV-949
12-23-2011
DIANA KELLY, Plaintiff, v. COMMISSIONER OF SOCIAL SECURITY, Defendant.
NEWELL, KLINGEBIEL LAW FIRM Attorney for Plaintiff OF COUNSEL: Mark T. Montanye, Esq. HON. RICHARD HARTUNIAN United States Attorney Joanne Jackson, Esq. SOCIAL SECURITY ADMINISTRATION Office of the General Counsel Region II Attorney for Defendant Stephen P. Conte, Esq. Special Assistant U.S. Attorney
(MAD/DEP)
APPEARANCES:
NEWELL, KLINGEBIEL LAW FIRM
Attorney for Plaintiff
OF COUNSEL:
Mark T. Montanye, Esq. HON. RICHARD HARTUNIAN
United States Attorney
Joanne Jackson, Esq. SOCIAL SECURITY ADMINISTRATION
Office of the General Counsel
Region II
Attorney for Defendant
Stephen P. Conte, Esq.
Special Assistant U.S. Attorney
MAE A. D'AGOSTINO, U. S. DISTRICT JUDGE
ORDER
The above matter comes to me following a Report-Recommendation by Magistrate Judge David E. Peebles, duly filed on the 5th day of December 2011. Following fourteen (14) days from the service thereof, the Clerk has sent me the file, including any and all objections filed by the parties herein.
After careful review of all of the papers herein, including the Magistrate Judge's Report-Recommendation, and no objections submitted thereto, it is
ORDERED that:
1. The Report-Recommendation is hereby adopted in its entirety.
2. The Commissioner is granted judgment on the pleadings and Plaintiff's motion for judgment on the pleadings is denied.
3. The Clerk is directed to close the case and enter judgment accordingly.
4. The Clerk of the Court shall serve a copy of this Order upon all parties and the Magistrate Judge assigned to this case.
IT IS SO ORDERED. Dated: December 23, 2011
Albany, New York
___________
Mae A. D'Agostino
U.S. District Judge