GARY L. SHARPE, Senior District Judge.
Plaintiff Larry D. Johnson o/b/o C.S.G. challenges defendant Commissioner of Social Security's denial of Supplemental Security Income (SSI), seeking review under 42 U.S.C. §§ 405(g) and 1383(c)(3).
On June 8, 2010, Johnson filed an application for SSI under the Social Security Act ("the Act") on behalf of his minor foster son. (Tr.
Johnson commenced the present action by filing a complaint on February 17, 2015, seeking judicial review of the Commissioner's determination. (Compl.) After receiving the parties' briefs, Judge Baxter issued an R&R recommending the Commissioner's decision be affirmed. (See generally Dkt. No. 14.)
By statute and rule, district courts are authorized to refer social security appeals to magistrate judges for proposed findings and recommendations as to disposition. See 28 U.S.C. § 636(b)(1)(A), (B); N.D.N.Y. L.R. 40.1, 72.3(d); General Order No. 18. Before entering final judgment, this court reviews report and recommendation orders in cases it has referred to a magistrate judge. If a party properly objects to a specific element of the magistrate judge's findings and recommendations, this court reviews those findings and recommendations de novo. See Almonte v. N.Y. State Div. of Parole, No. Civ. 904CV484GLS, 2006 WL 149049, at *3, *5 (N.D.N.Y. Jan. 18, 2006). In cases where no party has filed an objection, only vague or general objections are made, or a party resubmits the same papers and arguments already considered by the magistrate judge, this court reviews the findings and recommendations of the magistrate judge for clear error. See id. at *4-5.
Johnson purports to object to the R&R on three grounds. (Dkt. No. 15 at 1-6.) Specifically, he asserts that Judge Baxter erred in recommending this court affirm the ALJ's findings concerning C.S.G.'s functioning in three of the six broad areas of functioning, or domains. (Id.) He contends that C.S.G. has at least marked limitations in the domains acquiring and using information, attending and completing tasks, and caring for oneself, contrary to the ALJ's holdings. (Id.) The substance of Johnson's argument with respect to the domain acquiring and using information, however, was previously raised in his brief and considered and rejected by Judge Baxter. (Dkt. No. 11 at 16-17; Dkt. No. 15 at 2-3.) This "objection," therefore, is general and does not warrant de novo review. See Almonte, 2006 WL 149049 at *4.
With respect to the domain attending and completing tasks Johnson argues that Judge Baxter erred in concluding that the ALJ properly considered the January 2012 opinion of C.S.G.'s teacher, Margaret Fagel. (Dkt. No. 15 at 4.) According to Johnson, contrary to Judge Baxter's observation, the ALJ failed to consider Fagel's opinion that C.S.G. suffered a "very serious" problem in focusing long enough to finish assigned activities and a "serious" problem working without distracting himself or others and working at a reasonable pace. (Id.) Despite Johnson's protestations, a de novo review of the record reveals that the ALJ's determination with respect to this domain is legally sound and supported by substantial evidence. See Alston v. Sullivan, 904 F.2d 122, 126 (2d Cir. 1990) ("Substantial evidence is defined as more than a mere scintilla. It means such relevant evidence as a reasonable mind might accept to support a conclusion." (internal quotation marks and citations omitted)); see also McIntyre v. Colvin, 758 F.3d 146, 149 (2d Cir. 2014) ("If evidence is susceptible to more than one rational interpretation, the Commissioner's conclusion must be upheld."). The ALJ considered the treatment notes of nurse practitioner Frances LoCascio, C.S.G.'s counselor at The Family Counseling Center, Inc., which indicate that, in December 2010 and April and May 2011, medication adjustments had improved C.S.G.'s ability to concentrate and he was doing very well both at school and home. (Tr. at 30, 35, 434, 436, 444.) The ALJ also considered the opinion of psychologist M. Martin and pediatrician D. Bostic, who reviewed C.S.G.'s psychiatric progress notes and concluded that he suffered a less than marked limitation in this domain. (Id. at 34, 392.) The ALJ explicitly considered the January 2012 opinion of Fagel and noted some of her specific concerns with respect to C.S.G.'s ability to focus and need for redirection. (Id. at 35, 491.) As Johnson himself points out, an ALJ has the discretion to weigh the opinions of non-medical sources, such as teachers, against other evidence of record. (Dkt. No. 15 at 5.) While the ALJ did not recite the entirety of Fagel's opinion, it is clear that she considered it in its entirety, and found it less persuasive than other evidence of record. (Tr. at 35); cf. Baez ex rel. D.J. v. Colvin, No. 6:13-CV-142, 2014 WL 1311998, at *10 (N.D.N.Y. Mar. 31, 2014) (holding that remand was required where the ALJ failed to "even acknowledge that [a teacher's] opinion was in the record); see also Petrie v. Astrue, 412 F. App'x 401, 407 (2d Cir. 2011) (explaining that, where `the evidence of record permits [the court] to glean the rationale of an ALJ's decision,'" it is not necessary that the ALJ "`have mentioned every item of testimony presented to h[er] or have explained why [s]he considered particular evidence unpersuasive or insufficient to lead h[er] to a conclusion of disability'" (citations omitted)). Accordingly, and for the reasons articulated by Judge Baxter, (Dkt. No. 14 at 15-18), the court finds that this portion of the Commissioner's decision should be affirmed.
Finally, Johnson argues that Judge Baxter misinterpreted the testimony of C.S.G.'s foster mother in upholding the ALJ's finding that C.S.G. suffered no limitation in the domain caring for oneself. (Dkt. No. 15 at 6.) When discussing the testimony of C.S.G.'s foster mother, the ALJ noted her explanation that when C.S.G. comes home from weekend visits with his mother, he has often not bathed nor changed his clothes. (Id. at 29.) Judge Baxter concluded that, while this could evince a limitation in the domain caring for onself, in this case, it evinces the mother's own difficulties with mental illness. (Dkt. No. 14 at 22.) Johnson objects to this conclusion and asserts that C.S.G. should be independent in his ability to care for his personal hygiene. (Dkt. No. 15 at 6.) Again, the court has reviewed the evidence of record with respect to this domain de novo and concludes that the ALJ's decision is supported by substantial evidence. Particularly, the ALJ relied upon the opinion of Fagel that C.S.G. has no problems caring for himself. (Tr. at 39, 494.) Moreover, the function report completed by C.S.G.'s case coordinator in June 2010 indicates that he suffers no limitations in his ability to help himself and cooperate with others in taking care of personal needs. (Id. at 196.) With respect to the testimony of C.S.G.'s foster mother, the court concludes that the difficulties she described indicate that, while C.S.G. cared for himself in her home, he failed to do so when in the care of his mother who was "not capable of carrying out the role of a parent" because she suffered from cognitive and mental limitations. (Id. at 83.) Assuming, arguendo, that this demonstrated some limitation in the domain caring for onself, it is inconsistent with the above mentioned evidence. See Bonet ex rel. T.B. v. Colvin, 523 F. App'x 58, 59 (2d. Cir. 2013) ("[W]hether there is substantial evidence supporting the appellant's view is not the question," instead, the court must "decide whether substantial evidence supports the ALJ's decision."). Moreover, the testimony of C.S.G.'s mother, does not, in and of itself, evince a marked limitation in this domain.
Having addressed Johnson's specific objections de novo, and otherwise finding no clear error in the R&R, the court accepts and adopts Judge Baxter's R&R in its entirety.