Dimartino v. Berryhill

Dimartino v. Berryhill

Plaintiff:	Kathleen M. Dimartino
Defendant:	Nancy A. Berryhill
Case Number:	2:2017cv00678
Filed:	February 6, 2017
Court:	US District Court for the Eastern District of New York
Office:	Central Islip Office
Presiding Judge:	Arthur D. Spatt
Nature of Suit:	Social Security: SSID Tit. XVI
Cause of Action:	42 U.S.C. § 405 Review of HHS Decision (SSID)
Jury Demanded By:	None

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Date Filed	Document Text
August 22, 2018	Filing 32 MEMORANDUM OF DECISION & ORDER: On February 28, 2018, the Court referred the parties cross motions for judgment on the pleadings pursuant to Federal Rule of Civil Procedure (FED. R.CIV. P. or Rule) 12(c) to United States Magistrate Judge Anne Y. Shie lds for a Report and Recommendation (R&R). On July 24, 2018, Judge Shields issued an R&R, recommending that the Court grant the Defendants motion for judgment on the pleadings dismissing the Plaintiffs complaint, and deny the Plaintiffs corresponding motion for judgment in her favor. The R&R found that the ALJ did not err in affording partial weight to the opinions of the Plaintiffs treating physician; the ALJ appropriately concluded that the Plaintiff had the residual functional capacity to per form light work with few limitations; and that the Appeals Council appropriately considered the new evidence submitted. Presently before the Court are the Plaintiffs objections to the R&R (Dkt. 28). As the Plaintiff merely repeats his initial argumen ts, the Court reviews the R&R for clear error. Finding none, the Court adopts the R&R in its entirety. The R&R is adopted in its entirety and the objections are denied. The Clerk of the Court is respectfully directed to close this case. SEE ATTACHED DECISION for details. It is SO ORDERED by Judge Arthur D. Spatt on 8/22/2018. (Coleman, Laurie)

Date Filed

Document Text

August 22, 2018

Filing 32 MEMORANDUM OF DECISION & ORDER: On February 28, 2018, the Court referred the parties cross motions for judgment on the pleadings pursuant to Federal Rule of Civil Procedure (FED. R.CIV. P. or Rule) 12(c) to United States Magistrate Judge Anne Y. Shie lds for a Report and Recommendation (R&R). On July 24, 2018, Judge Shields issued an R&R, recommending that the Court grant the Defendants motion for judgment on the pleadings dismissing the Plaintiffs complaint, and deny the Plaintiffs corresponding motion for judgment in her favor. The R&R found that the ALJ did not err in affording partial weight to the opinions of the Plaintiffs treating physician; the ALJ appropriately concluded that the Plaintiff had the residual functional capacity to per form light work with few limitations; and that the Appeals Council appropriately considered the new evidence submitted. Presently before the Court are the Plaintiffs objections to the R&R (Dkt. 28). As the Plaintiff merely repeats his initial argumen ts, the Court reviews the R&R for clear error. Finding none, the Court adopts the R&R in its entirety. The R&R is adopted in its entirety and the objections are denied. The Clerk of the Court is respectfully directed to close this case. SEE ATTACHED DECISION for details. It is SO ORDERED by Judge Arthur D. Spatt on 8/22/2018. (Coleman, Laurie)

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Defendant: Nancy A. Berryhill
Represented By:	SOCIAL SECURITY ADMINISTRATION - GENERIC
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Plaintiff: Kathleen M. Dimartino
Represented By:	Charles E. Binder
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