Summary
holding that while the treating physician made many findings, he never provided any opinions regarding the plaintiff's ability to do work-related activities nor his limitations, thus the ALJ did not err in failing to discuss what weight should be given to the treating physician's findings
Summary of this case from Duffy v. Comm'r of Soc. Sec.Opinion
7:06-CV-0038 (LEK/DRH).
March 17, 2008
DECISION AND ORDER
This matter comes before the Court following a Report-Recommendation filed on February 22, 2008, by the Honorable David R. Homer, United States Magistrate Judge, pursuant to 28 U.S.C. § 636(b) and L.R. 72.3(c) of the Northern District of New York. Report-Rec. (Dkt. No. 12).
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 Judge Homer's Report-Recommendation. 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. 12) is APPROVED and ADOPTED in its ENTIRETY; and it is further
ORDERED, that the decision denying disability benefits is REMANDED for further proceedings, and it is further
ORDERED, that the Clerk serve a copy of this Order on all parties.
IT IS SO ORDERED.