Summary
finding no reversible error where the ALJ did not explicitly discuss the plaintiff's "ADD/ADHD" at step two, but nonetheless fully accounted for the plaintiff's "limitations in concentration or attention by limiting plaintiff to simple, unskilled work, involving simple work-related decisions with only an occasional ability to make complex decisions and perform complex tasks"
Summary of this case from Wilson v. Comm'r of Soc. Sec.Opinion
1:14-CV-0848 (DNH/CFH)
09-30-2015
KATHY SUE ANTHONY, Plaintiff, v. CAROLYN W. COLVIN, in her Official Capacity as Acting Commissioner Of Social Security Administration, Defendant.
APPEARANCES: LEGAL AID SOCIETY OF NORTHEASTERN NY Attorneys for Plaintiff 112 Spring Street, Suite 109 Saratoga Springs, New York 12866 SOCIAL SECURITY ADMINISTRATION Attorneys for Defendant Office of Regional General Counsel, Region II 26 Federal Plaza - Room 3904 New York, New York, 10278 OF COUNSEL: MARY MARTHA WITHINGTON, ESQ. KRISTINA D. COHN, ESQ.
APPEARANCES: LEGAL AID SOCIETY OF NORTHEASTERN NY
Attorneys for Plaintiff
112 Spring Street, Suite 109
Saratoga Springs, New York 12866
SOCIAL SECURITY ADMINISTRATION
Attorneys for Defendant
Office of Regional General Counsel,
Region II
26 Federal Plaza - Room 3904
New York, New York, 10278
OF COUNSEL: MARY MARTHA WITHINGTON, ESQ. KRISTINA D. COHN, ESQ. DAVID N. HURD United States District Judge DECISION and ORDER
Plaintiff Kathy Sue Anthony filed this action seeking judicial review of a final decision of the Commissioner of Social Security denying her application for supplemental security income benefits and disability insurance benefits under the Social Security Act. By Report-Recommendation dated August 31, 2015, the Honorable Christian F. Hummel, United States Magistrate Judge, recommended that the Commissioner's decision denying plaintiff benefits be remanded for further proceedings. No objections to the Report-Recommendation have been filed.
Based upon a de novo determination of the portion of the Report-Recommendation, the Report-Recommendation is accepted and adopted in all respects. See 28 U.S.C. § 636(b)(1).
Therefore, it is ORDERED that:
The Commissioner's decision denying plaintiff disability benefits be REMANDED, pursuant to 42 U.S.C. 405(g) for further proceedings consistent with the August 31, 2015 Report-Recommendation.
IT IS SO ORDERED.
/s/_________
United States District Judge
Dated: September 30, 2015
Utica, New York