From Casetext: Smarter Legal Research

Swainbank v. Astrue

United States District Court, D. Vermont
Mar 18, 2008
File No. 1:06-CV-248 (D. Vt. Mar. 18, 2008)

Summary

noting that the ALJ "correctly summarized the issue in this case: 'regardless of how genuine the claimant's complaints may appear to be, when there are no medical signs or laboratory findings to substantiate the existence of a medically determinable physical or mental impairment that could reasonably be expected to produce the claimant's symptoms, a finding of not disabled is required at step two of the sequential evaluation process.'"

Summary of this case from Lorenzo v. Comm'r of Soc. Sec.

Opinion

File No. 1:06-CV-248.

March 18, 2008


ORDER


The Magistrate Judge's Report and Recommendation was filed February 21, 2008. (Paper 17.) After de novo review and over objection, the Report and Recommendation is AFFIRMED, APPROVED and ADOPTED. See 28 U.S.C. § 636(b)(1). The decision of the Commissioner of the Social Security Administration is AFFIRMED.

SO ORDERED.


Summaries of

Swainbank v. Astrue

United States District Court, D. Vermont
Mar 18, 2008
File No. 1:06-CV-248 (D. Vt. Mar. 18, 2008)

noting that the ALJ "correctly summarized the issue in this case: 'regardless of how genuine the claimant's complaints may appear to be, when there are no medical signs or laboratory findings to substantiate the existence of a medically determinable physical or mental impairment that could reasonably be expected to produce the claimant's symptoms, a finding of not disabled is required at step two of the sequential evaluation process.'"

Summary of this case from Lorenzo v. Comm'r of Soc. Sec.
Case details for

Swainbank v. Astrue

Case Details

Full title:NANCY M. SWAINBANK, Plaintiff v. MICHAEL J. ASTRUE, Commissioner Social…

Court:United States District Court, D. Vermont

Date published: Mar 18, 2008

Citations

File No. 1:06-CV-248 (D. Vt. Mar. 18, 2008)

Citing Cases

Winchell v. Colvin

"When there is no medically determinable impairment [attested by medical signs or laboratory findings] . . .…

Lorenzo v. Comm'r of Soc. Sec.

Once an ALJ concludes that "a condition is not severe[,]" the ALJ reaches a finding that the "plaintiff is…