Summary
denying request for remand because "the ALJ's decision remains supported by substantial evidence despite the new evidence submitted directly to the Appeals Council"
Summary of this case from Marrero v. Comm'r of Soc. Sec.Opinion
7:10-CV-1019.
May 17, 2011
Lawrence D. Hasseler, Esq., Conboy, McKay Law Firm, Carthage, NY, Counsel for Plaintiff.
Andreea L. Lechleitner, Esq., Special Assistant U.S. Attorney, Social Security Administration, Office of Regional General Counsel, Region II, New York, NY, Counsel for Defendant.
ORDER
The above matter comes to me following a Report-Recommendation by Magistrate Judge Victor E. Bianchini, duly filed on the 29th day of April 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's decision denying disability benefits is affirmed pursuant to sentence 4 of 42 U.S.C. Section 405(g).
3. The Clerk of the Court shall serve a copy of this Order upon all parties and the Magistrate Judge assigned to this case.