Summary
finding the ALJ did not err in limiting plaintiff to simple, routine, repetitive tasks where the consultative examiner determined that plaintiff's difficulty handling stress would not preclude plaintiff from undertaking simple, routine, repetitive tasks
Summary of this case from Tatum v. Comm'r of Soc. Sec.Opinion
5:11-CV-1143
02-14-2013
APPEARANCES: OLINSKY LAW GROUP One Park Place Attorneys for Plaintiff HON. RICHARD S. HARTUNIAN United States Attorney Northern District of New York Attorney for Defendant OF COUNSEL: KAREN S. SOUTHWICK, ESQ. VERNON NORWOOD, ESQ. Special Ass't U.S. Attorney
(MAD/DEP)
APPEARANCES:
OLINSKY LAW GROUP
One Park Place
Attorneys for Plaintiff
HON. RICHARD S. HARTUNIAN
United States Attorney
Northern District of New York
Attorney for Defendant
OF COUNSEL:
KAREN S. SOUTHWICK, ESQ. VERNON NORWOOD, ESQ.
Special Ass't 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 24th day of January 2013. 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 Plaintiff is granted judgment on the pleadings and the Commissioner'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: February 14, 2013
Albany, New York
________
Mae A. D'Agostino
U.S. District Judge