Summary
finding that the ALJ appropriately addressed the threshold issue of adaptive functioning because, inter alia, "[e]ven though the ALJ did not mention the term 'adaptive functioning,' the ALJ stated that the record showed no evidence of cognitive impairments or significant functional limitations. The ALJ cited Dr. Noia's report of July 2010, concluding that, although plaintiff had some difficulty dealing with stress, she was still able to understand and follow simple instructions and directions. (T. 24). She could perform simple and some complex tasks, with supervision and independently, maintain attention and concentration for tasks, regularly attend to a routine, maintain a schedule, learn new tasks, make appropriate decisions, and relate to and interact moderately well with others. . . . The ALJ did specifically analyze two other listed mental impairments, and many of the 'adaptive functions' are also found in the other listings."
Summary of this case from Bates v. BerryhillOpinion
6:12-CV-1507 (DNH/ATB)
12-18-2013
LAURIE ANN CLARK, Plaintiff, v. CAROLYN W. COLVIN, Commissioner of Social Security, Defendant.
APPEARANCES: EMPIRE JUSTICE CENTER Attorneys for Plaintiff OFFICE OF GENERAL COUNSEL Social Security Administration Region II Attorneys for Defendant OF COUNSEL: LOUISE MARIE TARANTINO, ESQ. PETER W. JEWETT, ESQ. DENNIS J. CANNING, ESQ.
APPEARANCES: EMPIRE JUSTICE CENTER
Attorneys for Plaintiff
OFFICE OF GENERAL COUNSEL
Social Security Administration
Region II
Attorneys for Defendant
OF COUNSEL: LOUISE MARIE TARANTINO, ESQ. PETER W. JEWETT, ESQ.
DENNIS J. CANNING, ESQ.
DAVID N. HURD
United States District Judge
DECISION and ORDER
Plaintiff Laurie Ann Clark filed this action seeking judicial review of a final decision of the Commissioner of Social Security denying her application for disability insurance benefits and supplemental security income payments. By Report-Recommendation dated November 18, 2013, the Honorable Andrew T. Baxter, United States Magistrate Judge, recommended that the decision of the Commissioner be affirmed and plaintiff's complaint be dismissed. Plaintiff filed timely objections to the Report-Recommendation.
Based upon a de novo determination of the portions of the Report-Recommendation to which plaintiff objected, the Report-Recommendation is accepted and adopted in all respects. See 28 U.S.C. § 636(b)(1).
Therefore, it is
ORDERED that
1. The Commissioner's decision is AFFIRMED; and
2. Plaintiff's complaint is DISMISSED in its entirety.
The Clerk is directed to file a judgment accordingly.
IT IS SO ORDERED.
_________________
United States District Judge
Dated: December 18, 2013
Utica, New York.