Summary
rejecting the plaintiff's contention that consultative examiner's use of the term "moderate" was vague where the consultative examiner made specific findings based on physical examination of the plaintiff
Summary of this case from Chris L. v. Comm'r of Soc. Sec.Opinion
12-CV-917 (DNH/CFH)
2013-10-15
GROVER SWEETING, Plaintiff, v. CAROLYN W. COLVIN, Defendant.
APPEARANCES: OLINSKY LAW GROUP Attorneys for Plaintiff OFFICE OF GENERAL COUNSEL Social Security Administration Region II Attorneys for Defendant OF COUNSEL: HOWARD D. OLINSKY, ESQ. MICHAEL J. TELFER, ESQ. TOMASINA DiGRIGOLI, ESQ.
APPEARANCES: OLINSKY LAW GROUP
Attorneys for Plaintiff
OFFICE OF GENERAL COUNSEL
Social Security Administration
Region II
Attorneys for Defendant
OF COUNSEL: HOWARD D. OLINSKY, ESQ.
MICHAEL J. TELFER, ESQ.
TOMASINA DiGRIGOLI, ESQ. DAVID N. HURD
United States District Judge
DECISION and ORDER
Plaintiff Grover Sweeting filed this action seeking judicial review of a final decision of the Commissioner of Social Security denying his application for benefits under the Social Security Act. By Report-Recommendation dated August 6, 2013, the Honorable Christian F. Hummel, United States Magistrate Judge, recommended that the Commissioner's decision be affirmed. 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).
Accordingly, 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: October 15, 2013
Utica, New York.