Summary
explaining that ALJ correctly did not assign weight to treating physician opinion that was dated over two years after date last insured and was not consistent with treatment notes from relevant time period
Summary of this case from Patterson v. Comm'r of Soc. Sec.Opinion
1:10-CV-985
09-15-2011
LYNNE GILL, Plaintiff, v. MICHAEL J. ASTRUE, Defendant.
Office of Stephen J. Mastaitis, Jr. Attorney for Plaintiff SOCIAL SECURITY ADMINISTRATION Office of the General Counsel Region II Attorney for Defendant OF COUNSEL: Stephen J. Mastaitis, Jr. Suzanne M. Haynes, Esq. Thomas C. Gray, Esq. Special Assistant U.S. Attorney
(MAD/ATB)
APPEARANCES:
Office of Stephen J. Mastaitis, Jr.
Attorney for Plaintiff
SOCIAL SECURITY ADMINISTRATION
Office of the General Counsel
Region II
Attorney for Defendant
OF COUNSEL:
Stephen J. Mastaitis, Jr.
Suzanne M. Haynes, Esq.
Thomas C. Gray, Esq.
Special Assistant U.S. Attorney
MAE A. D'AGOSTINO, U. S. DISTRICT JUDGE
ORDER
The above matter comes to me following a Report-Recommendation by Magistrate Judge Andrew T. Baxter, duly filed on the 29th day of August 2011. 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 is granted judgment on the pleadings and Plaintiff's motion for judgment on the pleadings is denied.
3. The Clerk is directed to close the case and enter judgment accordingly.
4. 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 15, 2011
Albany, New York
Mae A. D'Agostino
U.S. District Judge