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Overby v. Colvin

United States District Court, Second Circuit

April 29, 2013

MATTHEW LEE OVERBY, Plaintiff,
v.
CAROLYN W. COLVIN, Acting Commissioner of Social Security, [1] Defendant.

Office of Peter M. Margolius, PETER M. MARGOLIUS, ESQ., Catskill, New York, for the Plaintiff.

Social Security Administration Office of Regional General Counsel Region II, KATRINA M. LEDERER, ESQ., New York, New York, for the Defendant.

ORDER

GARY L. SHARPE, Chief District Judge.

The above-captioned matter comes to this court following a Report-Recommendation by Magistrate Judge Earl S. Hines, duly filed April 4, 2013. Following ten 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 April 4, 2013 is ACCEPTED in its entirety for the reasons state therein, and it is further

ORDERED that Plaintiff's request to remand this action and order that additional evidence be taken before the Commissioner is DENIED and the Commissioner's decision is AFFIRMED, and it is further

ORDERED, that the Clerk of the Court is to mail copies of the Order to the parties in accordance with the court's local rules.

IT IS SO ORDERED.

REPORT AND RECOMMENDATION

The Commissioner of Social Security ("Commissioner") denied Matthew Lee Overby's application for disability insurance benefits under the Social Security Act. In this action for judicial review under 42 U.S.C. ยง 405(g), the sole issue is whether the court should remand the case and order additional evidence to be taken before the Commissioner.

I. Procedural Background

On May 1, 2010, Overby protectively applied for disability insurance benefits. He claimed disability beginning on July 18, 2009, due to a discogenic and degenerative back disorder. (T. 16, 71).[2] Following an evidentiary hearing, an administrative law judge, Mary Sparks ("ALJ Sparks"), denied Overby's application on July 25, 2011. (T. 16-24). After ...


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