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holding that the ALJ's RFC determination was supported by substantial evidence based on the extensive medical record, even though the ALJ failed to obtain evidence from the claimant's treating physicians about the "degree to which her impairments prevent her from working
Summary of this case from Maurizzio v. BerryhillOpinion
13 Civ. 9016(AT)(SN)
12-09-2014
REBECCA M. ILLENBERG, Plaintiff, v. CAROLYN W. COLVIN, Acting Commissioner of Social Security, Defendant.
:
ORDER ADOPTING REPORT AND RECOMMENDATION
On December 19, 2013, Plaintiff, Rebecca M. Illenberg, filed this action under 42 U.S.C. § 405(g), seeking judicial review of the final decision of the Commissioner of Social Security denying Plaintiffs claim for Supplemental Security Income benefits. On December 30, 2013, the Court referred the matter to Magistrate Judge Sarah Netburn. The parties subsequently cross-moved for judgment on the pleadings pursuant to Federal Rule of Civil Procedure 12(c).
After thorough review, Magistrate Judge Netburn issued a Report and Recommendation (the "R & R"), proposing that Defendant's motion be granted and Plaintiffs motion be denied. Despite notification of the right to object to the R & R, no objections were filed, and the time to do so has passed. See Fed. R. Civ. P. 72(b)(2). When no objection is made, the Court reviews the R & R for "clear error on the face of the record." Adee Motor Cars, LLC v. Amato, 388 F. Supp. 2d 250, 253 (S.D.N.Y. 2005). The Court finds no clear error.
Accordingly, the Court ADOPTS the R & R in its entirety. Defendant's motion is GRANTED and Plaintiff's motion is DENIED.
The Clerk of Court is directed to terminate the motions at ECF Nos. 13 and 15 and to close the case.
SO ORDERED. Dated: December 9, 2014
New York, New York
/s/_________
ANALISA TORRES
United States District Judge