From Casetext: Smarter Legal Research

Kemp v. Commissioner of Social Security

United States District Court, N.D. New York
Aug 31, 2011
7:10-cv-1244 (NAM/ATB) (N.D.N.Y. Aug. 31, 2011)

Opinion

7:10-cv-1244 (NAM/ATB).

August 31, 2011

Lawrence D. Hasseler, Esq., Conboy, McKay Law Firm, Carthage, NY, Attorney for Plaintiff.

Maria P. Fragassi Santangelo, Esq., Special Assistant U.S. Attorney, Social Security Administration, Office of the General Counsel, Region II, New York, New York, Attorney for Defendant.


ORDER


The above matter comes to me following a Report-Recommendation by Magistrate Judge Andrew T. Baxter, duly filed on the 11th day of August 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.

The matter was referred to Magistrate Baxter by the undersigned, not by the Honorable Gary L. Sharpe, as noted in the first paragraph of the Report-Recommendation.

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 decision of the Commissioner is AFFIRMED, and complaint is DISMISSED.

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.


Summaries of

Kemp v. Commissioner of Social Security

United States District Court, N.D. New York
Aug 31, 2011
7:10-cv-1244 (NAM/ATB) (N.D.N.Y. Aug. 31, 2011)
Case details for

Kemp v. Commissioner of Social Security

Case Details

Full title:GEORGETTE KEMP, Plaintiff, v. COMMISSIONER OF SOCIAL SECURITY, Defendant

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

Date published: Aug 31, 2011

Citations

7:10-cv-1244 (NAM/ATB) (N.D.N.Y. Aug. 31, 2011)

Citing Cases

Joseph v. O'Malley

Further, even if the ALJ did incorrectly assess the right shoulder impairment as not severe, the error would…

Dayle B. v. Saul

"The fact that plaintiff has smoked and continues to smoke also belies her claim that she has severe asthma…