Summary
holding a single-examination CE's report containing "restrictive analysis and opinion that plaintiff has ‘marked’ limitations in her ability to perform work related functions" to be insufficient
Summary of this case from Jamison v. Acting Comm'r of Soc. Sec.Opinion
5:14-CV-0601 (LEK/CFH)
06-19-2014
JAMIE MCGILL, Plaintiff, v. CAROLYN W. COLVIN, Defendant.
ORDER
This matter comes before the Court following a Report-Recommendation filed on May 22, 2014, by the Honorable Christian F. Hummel, U.S. Magistrate Judge, pursuant to 28 U.S.C. § 636(b) and Local Rule 72.3. Dkt. No. 12 ("Report-Recommendation").
Within fourteen days after a party has been served with a copy of a magistrate judge's report-recommendation, the party "may serve and file specific, written objections to the proposed findings and recommendations." FED. R. CIV. P. 72(b); L.R. 72.1(c). "If no objections are filed . . . reviewing courts should review a report and recommendation for clear error." Edwards v. Fischer, 414 F. Supp. 2d 342, 346-47 (S.D.N.Y. 2006); see also Cephas v. Nash, 328 F.3d 98, 107 (2d Cir. 2003) ("As a rule, a party's failure to object to any purported error or omission in a magistrate judge's report waives further judicial review of the point."); Farid v. Bouey, 554 F. Supp. 2d 301, 306 (N.D.N.Y. 2008).
No objections to the Report-Recommendation were filed in the allotted time period. See Docket. After a thorough review of the Report-Recommendation and the record, the Court has determined that the Report-Recommendation is not subject to attack for clear error or manifest injustice.
Accordingly, it is hereby:
ORDERED, that the Report-Recommendation (Dkt. No. 12) is APPROVED and ADOPTED in its entirety; and it is further
ORDERED, that the Commissioner's decision denying disability benefits is AFFIRMED; and it is further
ORDERED, that Plaintiff's Motion (Dkt. No. 8) for judgment on the pleadings is DENIED; and it is further
ORDERED, that the Clerk of the Court enter judgment for Defendant and close this case; and it is further
ORDERED, that the Clerk of the Court serve a copy of this Order on the parties to this action in accordance with the Local Rules.
IT IS SO ORDERED. DATED: June 19, 2014
Albany, New York
__________
Lawrence E. Kahn
U.S. District Judge