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-Shirley A. Chavis v. Michael J. Astrue

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK


December 11, 2012

-SHIRLEY A. CHAVIS, PLAINTIFF,
v.
MICHAEL J. ASTRUE, COMMISSIONER OF SOCIAL SECURITY, DEFENDANT.

The opinion of the court was delivered by: Thomas J. McAVOY United States District Judge

DECISION & ORDER

This matter brought pursuant to 42 U.S.C. § 1983 was referred to the Hon. Therese Wiley Dancks, United States Magistrate Judge, for a Report-Recommendation pursuant to 28 U.S.C. § 636(b) and Local Rule 72.3(c).

No objections to the September 21, 2012 Report-Recommendation were raised. After examining the record, this Court has determined that the Report-Recommendation is not subject to attack for plain error or manifest injustice. Accordingly, this Court adopts the Report-Recommendation for the reasons stated therein.

It is, therefore, ORDERED that (1) the matter be remanded for a proper determination of Plaintiff's Residual Functioning Capacity considering any physical non-exertional limitations; (2) the Administrative Law Judge ('ALJ") shall obtain the opinion of a vocational expert if Plaintiff's non-exertional limitations present significant limitations; and (3) all other determinations made by the ALJ be affirmed.

IT IS SO ORDERED.

20121211

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