From Casetext: Smarter Legal Research

Miller v. Astrue

United States District Court, N.D. New York
Aug 19, 2009
3:07-CV-1093 (LEK/VEB) (N.D.N.Y. Aug. 19, 2009)

Summary

affirming ALJ's determination that seizure disorder was not severe impairment where claimant had not had seizure for seven years

Summary of this case from Mohammad v. Astrue

Opinion

3:07-CV-1093 (LEK/VEB).

August 19, 2009


DECISION AND ORDER


This matter comes before the Court following a Report-Recommendation filed on July 29, 2009, by the Honorable Victor E. Bianchini, United States Magistrate Judge, pursuant to 28 U.S.C. § 636(b) and L.R. 72.3(d) of the Northern District of New York. Report-Rec. (Dkt. No. 20).

Within ten days, excluding weekends and holidays, 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), in compliance with L.R. 72.1. No objections have been raised in the allotted time with respect to the Report-Recommendation filed by Judge Bianchini. Furthermore, after examining the record, the Court has determined that the Report-Recommendation is not subject to attack for plain error or manifest injustice.

Accordingly, it is hereby ORDERED, that the Report-Recommendation (Dkt. No. 20) is APPROVED and ADOPTED in its ENTIRETY; and it is further

ORDERED, that Plaintiff's Motion for judgment on the pleadings is DENIED and Defendant's Motion for judgment on the pleadings is GRANTED; and it is further

ORDERED, that the Complaint (Dkt. No. 1) is DISMISSED in its entirety; and it is further

ORDERED, that the Clerk serve a copy of this Order on all parties.

IT IS SO ORDERED.


Summaries of

Miller v. Astrue

United States District Court, N.D. New York
Aug 19, 2009
3:07-CV-1093 (LEK/VEB) (N.D.N.Y. Aug. 19, 2009)

affirming ALJ's determination that seizure disorder was not severe impairment where claimant had not had seizure for seven years

Summary of this case from Mohammad v. Astrue
Case details for

Miller v. Astrue

Case Details

Full title:DUANE MILLER, Plaintiff, v. MICHAEL J. ASTRUE, Commissioner of Social…

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

Date published: Aug 19, 2009

Citations

3:07-CV-1093 (LEK/VEB) (N.D.N.Y. Aug. 19, 2009)

Citing Cases

Walsh ex rel. S.J.W. v. Colvin

In passing, the Court acknowledges that there is a line of cases holding that at least some psychological…

Vargas v. Berryhill

" Program Operations Manual System (POMS) DI 24510.050. Courts in this Circuit and elsewhere have held that…