Summary
holding that because the ALJ's finding was "supported by substantial evidence other than the statement in question, reconsideration on remand would not likely result in a different outcome, and therefore the error is harmless"
Summary of this case from Flynn v. BerryhillOpinion
7:13-CV-0570
09-23-2014
DONALD SOVA, Plaintiff, v. CAROLYN W. COLVIN, ACTING COMMISSIONER OF SOCIAL SECURITY, Defendant.
Thomas J. McAvoy,
United States District Judge
DECISION and ORDER
This matter was referred to the Hon. Thérèse Wiley Dancks, United States Magistrate Judge, for a Report and Recommendation pursuant to 28 U.S.C. § 636(b) and Rule 72.3(d) of the Local Rules of the Northern District of New York. No objections to the August 29, 2014 Report-Recommendation have been raised. After examining the record, this Court has determined that the Report-Recommendation is not subject to attack for plain error or manifest injustice. Accordingly, this Court adopts the Report-Recommendation and Order for the reasons stated therein.
The decision of the Commissioner is therefore AFFIRMED and the case is DISMISSED.
IT IS SO ORDERED.
Dated:September 23, 2014
/s/_________
Thomas J. McAvoy
Senior, U.S. District Judge