Summary
finding that the ALJ did not err by failing to discuss the opinions of a staff psychiatrist and a LCSW, since the evaluations were made "after the period at issue" and did not provide an opinion as to the plaintiff's condition during the relevant time frame
Summary of this case from Little v. ColvinOpinion
Civil Action No. 3:13-cv-1467 (GLS/ESH)
03-11-2015
SUZAN VANDERMARK Plaintiff, v. CAROLYN W. COLVIN, Commissioner of Social Security Defendant.
APPEARANCES: FOR THE PLAINTIFF: Lachman, Gorton Law Firm P.O. Box 89 1500 East Main Street Endicott, New York 13761-0089 FOR THE DEFENDANT: Social Security Administration Office of Regional General Counsel Region II 26 Federal Plaza - Room 3904 New York, New York 10278 OF COUNSEL: PETER A. GORTON, ESQ. PETER W. JEWETT, ESQ. JOANNE JACKSON PENGELLY, ESQ.
APPEARANCES:
FOR THE PLAINTIFF:
Lachman, Gorton Law Firm
P.O. Box 89
1500 East Main Street
Endicott, New York 13761-0089
FOR THE DEFENDANT:
Social Security Administration
Office of Regional General Counsel
Region II
26 Federal Plaza - Room 3904
New York, New York 10278 OF COUNSEL: PETER A. GORTON, ESQ. PETER W. JEWETT, ESQ.
JOANNE JACKSON PENGELLY,
ESQ. GARY L. SHARPE, CHIEF JUDGE ORDER
The above-captioned matter comes to this court following a Report-Recommendation by Magistrate Judge Earl S. Hines, duly filed January 7, 2015. Following fourteen days from the service thereof, the Clerk has sent the file, including any and all objections filed by the parties herein.
No objections having been filed, and the court having reviewed the Magistrate Judge's Report-Recommendation for clear error, it is hereby
ORDERED that the Report-Recommendation of Magistrate Judge Earl S. Hines filed January 7, 2015 (Dkt. No. 17) is ACCEPTED in its entirety for the reasons stated therein; and it is further
ORDERED that the Commissioner's decision denying benefits during a period commencing August 15, 2005, and continuing through May 18, 2010, which is supported by substantial evidence and based on application of correct principles of law is AFFIRMED and Vandermark's complaint (Dkt. No. 1) is DISMISSED; and it is further
ORDERED that the Clerk close this case and provide a copy of this Order to the parties in accordance to the local rules. IT IS SO ORDERED. Dated: March 11, 2015
Albany, New York
/s/_________
Gary L. Sharpe
Chief Judge,
U.S. District Court