Summary
finding no error in ALJ's decision not explicitly include a moderate limitation in concentration, persistence or pace in RFC assessment where consultative physician opined that claimant was capable of simple work
Summary of this case from Robinson v. Comm'r of Soc. Sec.Opinion
5:13-CV-0173 (GTS/TWD)
08-20-2014
KATRINA ANN PERYEA, Plaintiff, v. COMMISSIONER OF SOCIAL SECURITY, Defendant.
APPEARANCES: OLINSKY LAW GROUP Counsel for Plaintiff One Park Place 300 South State Street, Suite 420 Syracuse, New York 13202 SOCIAL SECURITY ADMINISTRATION OFFICE OF REG'L GEN. COUNSEL - REGION II Counsel for Defendant 26 Federal Plaza, Room 3904 New York, New York 10278 OF COUNSEL: HOWARD D. OLINSKY, ESQ. AMANDA J. LOCKSHIN, ESQ.
APPEARANCES: OLINSKY LAW GROUP
Counsel for Plaintiff
One Park Place
300 South State Street, Suite 420
Syracuse, New York 13202
SOCIAL SECURITY ADMINISTRATION
OFFICE OF REG'L GEN. COUNSEL - REGION II
Counsel for Defendant
26 Federal Plaza, Room 3904
New York, New York 10278
OF COUNSEL: HOWARD D. OLINSKY, ESQ. AMANDA J. LOCKSHIN, ESQ. GLENN T. SUDDABY, United States District Judge DECISION and ORDER
Currently before the Court, in this action filed by Katrina Ann Peryea ("Plaintiff") against the Social Security Commissioner ("Defendant" or "Commissioner") pursuant to 42 U.S.C. §§ 405(g) and 1383(c)(3) seeking Disability Insurance Benefits ("DIB") and Supplemental Security Income ("SSI"), is the Report-Recommendation of United States Magistrate Judge Therese Wiley Dancks, issued pursuant to 28 U.S.C. § 636(b) and Local Rule 72.3 of the Local Rules of Practice for this Court, recommending that the Court affirm the final decision of the Commissioner denying Plaintiff's request for DIB and SSI. (Dkt. No. 19.) Plaintiff has not filed an Objection to the Report-Recommendation, and the deadline by which to do so has expired. (See generally Docket Sheet.) After carefully reviewing the relevant filings in this action, the Court can find no clear error in the Report-Recommendation: Magistrate Judge Dancks employed the proper standards, accurately recited the facts, and reasonably applied the law to those facts. (Dkt. No. 28.) As a result, the Report-Recommendation is accepted and adopted in its entirety, and the decision of the Commissioner is affirmed.
ACCORDINGLY, it is
ORDERED that Magistrate Judge Dancks' Report-Recommendation (Dkt. No. 19) is ACCEPTED and ADOPTED in its entirety; and it is further
ORDERED that the Commissioner's decision is AFFIRMED; and it is further
ORDERED that the Complaint (Dkt. No. 1) is DISMISSED. Dated: August 20, 2014
Syracuse, New York
/s/_________
Hon. Glenn T. Suddaby
U.S. District Judge