McDonaugh v. Barnhart

McDonaugh v. Barnhart

Case Number:	1:2005cv06288
Filed:	July 11, 2005
Court:	US District Court for the Southern District of New York
Office:	Foley Square Office
Presiding Judge:	Debra C. Freeman
Presiding Judge:	Laura Taylor Swain
Nature of Suit:	Social Security: DIWC/DIWW
Cause of Action:	42 U.S.C. § 405 Rev. of Final Dec. of Sec. of HEW re: S.S. Benefits
Jury Demanded By:	None

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Date Filed	Document Text
December 2, 2009	Filing 21 MEMORANDUM OPINION AND ORDER ADOPTING REPORT AND RECOMMENDATION IN PART:#98295 Accordingly, the Court adopts Judge Freeman's Report and Recommendation except as to the finding that the ALJ was "entitled to rely on the grid." Report at 41. The Court finds that the ALJ was permitted to use the grid as a "framework for decision making." Jordan, 194 Fed. App'x at 62. The ALJ's decision that Plaintiff has the Residual Functional Capacity to perform sedentary work an d that jobs exist in significant number in the national economy that Plaintiff can perform is supported by substantial evidence, and, accordingly, for that reason and the reasons stated in the Report, Plaintiff's motion is denied, Defendant's motion is granted, and the Clerk of Court is respectfully requested to enter judgment in favor of Defendant and terminate this case. SO ORDERED. (Signed by Judge Laura Taylor Swain on 12/2/2009) (tve) Modified on 12/3/2009 (eef).

Date Filed

Document Text

December 2, 2009

Filing 21 MEMORANDUM OPINION AND ORDER ADOPTING REPORT AND RECOMMENDATION IN PART:#98295 Accordingly, the Court adopts Judge Freeman's Report and Recommendation except as to the finding that the ALJ was "entitled to rely on the grid." Report at 41. The Court finds that the ALJ was permitted to use the grid as a "framework for decision making." Jordan, 194 Fed. App'x at 62. The ALJ's decision that Plaintiff has the Residual Functional Capacity to perform sedentary work an d that jobs exist in significant number in the national economy that Plaintiff can perform is supported by substantial evidence, and, accordingly, for that reason and the reasons stated in the Report, Plaintiff's motion is denied, Defendant's motion is granted, and the Clerk of Court is respectfully requested to enter judgment in favor of Defendant and terminate this case. SO ORDERED. (Signed by Judge Laura Taylor Swain on 12/2/2009) (tve) Modified on 12/3/2009 (eef).

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