Summary
In Boswell, "[t]he ALJ discounted [the treating physician's] opinions, in part, because he found the [treating physician's] sit, stand, and walk limitations to be unsupported by the record."
Summary of this case from Little v. ColvinOpinion
5:09-CV-0533.
September 23, 2010
Jaya Shurtliff, Esq., Olinsky, Shurtliff Law Firm, Syracuse, NY, Counsel for Plaintiff.
Kristina D. Cohn, Esq., Social Security Administration, Office of Regional General Counsel, Region II, New York, NY, Counsel for Defendant.
ORDER
The above matter comes to me following a Report-Recommendation by Magistrate Judge Victor E. Bianchini, duly filed on the 7th day of September 2010. Following fourteen (14) 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. The Commissioner's decision denying disability benefits is remanded for further proceedings in accordance with the Report-Recommendation and pursuant to sentence four of 42 U.S.C. Section 405(g).
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.
Dated: September 23, 2010
Syracuse, New York