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Johnson v. Astrue

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK


March 30, 2009

ALTHEA JOHNSON, PLAINTIFF,
v.
MICHAEL J. ASTRUE, COMMISSIONER, SOCIAL SECURITY ADMINISTRATION, DEFENDANT.

The opinion of the court was delivered by: Scullin, Senior Judge

ORDER

In a Report-Recommendation and Order dated January 31, 2008, Magistrate Judge Treece recommended that this Court affirm the Commissioner's decision and dismiss the Complaint. See Dkt. No. 15. Plaintiff filed objections to Magistrate Judge Treece's findings and recommendations with respect to (1) the Administrative Law Judge's ("ALJ") application of the treating physician rule; (2) the ALJ's credibility determination; and (3) the ALJ's findings with respect to Plaintiff's past relevant work and residual functional capacity. See Dkt. No. 16.

With respect to all of Plaintiff's objections, the Court concludes that Magistrate Judge Treece correctly applied the appropriate law and that Plaintiff's objections on these issues are without merit for the reasons stated in the Report-Recommendation and Order.*fn1

Accordingly, after carefully considering Magistrate Judge Treece's Report-Recommendation and Order, Plaintiff's objections thereto, as well as the applicable law, and for the reasons stated in Magistrate Judge Treece's Report-Recommendation and Order, the Court hereby

ORDERS that Magistrate Judge Treece's January 31, 2008 Report-Recommendation and Order is ADOPTED in its entirety; and the Court further

ORDERS that the Commissioner's decision is AFFIRMED and Plaintiff's Complaint is DISMISSED; and the Court further

ORDERS that the Clerk of the Court shall enter judgment for Defendant and close this case.

IT IS SO ORDERED.


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