Chavis v. Astrue, No. 5:2011cv00220 - Document 18 (N.D.N.Y 2012)
Court Description: DECISION AND ORDER adopting 17 Report and Recommendations and remanding case. Signed by Senior Judge Thomas J. McAvoy on 12/11/12. (sfp, )
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UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK -------------------------------SHIRLEY A. CHAVIS, Plaintiff, v. 5:11-CV-220 MICHAEL J. ASTRUE, COMMISSIONER OF SOCIAL SECURITY, Defendant. -------------------------------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 nonexertional 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. Dated: December 11, 2012 - 2 -
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