Summary
holding that an ALJ properly considered claimant's mental limitations in determining his RFC and properly accorded his treating psychiatrist's assessment little weight, where the doctor's own treatment notes, as well as the medical record as a whole, contradicted his findings
Summary of this case from Pidkaminy v. AstrueOpinion
5:06-CV-497.
June 4, 2008
OF COUNSEL: HOWARD OLINSKY, ESQ., OLINSKY, SHURTLIFF LAW FIRM, Syracuse, NY, Attorney for Plaintiff.
KARLA J. GWINN, ESQ. Special Asst. U.S. Attorney, OFFICE OF REGIONAL GENERAL COUNSEL, Social Security Administration, New York, NY, Attorney for Defendant.
ORDER
The above matter comes to me following a Report-Recommendation by Magistrate Judge Gustave J. DiBianco, duly filed on the 16th day of May 2008. Following ten 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. This matter is remanded to the Commissioner pursuant to sentence four of 42 U.S.C. § 405(g) for further proceedings.
3. 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.