Morris v. Astrue
ORDER denying 9 Motion to Reverse Decision of the Commissioner; granting 11 Motion to Affirm the Decision of the Commissioner; adopting 12 Report and Recommendations. So Ordered by Judge William E. Smith on 3/13/13. (Jackson, Ryan)
UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF RHODE ISLAND
C.A. No. 11-625 S
CAROLYN W. COLVIN, 1 Acting
Commissioner of Social Security,
Patricia A. Sullivan issued a Report and Recommendation (ECF No.
12) in the above-captioned matter.
Judge Sullivan recommended
that this Court deny Plaintiff’s Motion to Reverse (ECF No. 9),
and grant Defendant’s Motion to Affirm (ECF No. 11).
Recommendation (ECF No. 13), arguing that the Administrative Law
statements regarding pain.
After reviewing the record, however,
the Court finds that the ALJ’s credibility finding was supported
by substantial evidence.
Contrary to Plaintiff’s contentions,
the ALJ did not ignore the fact that Plaintiff underwent a nerve
Carolyn W. Colvin became the Acting Commissioner of
Social Security on February 14, 2013.
Pursuant to 42 U.S.C. §
405(g), the present suit may continue notwithstanding this
study as well as a series of injections to address her back
Indeed, the ALJ’s opinion specifically refers to both the
importantly, as Judge Sullivan pointed out in her Report and
Recommendation, the ALJ’s adverse credibility determination was
not based solely on the lack of objective medical evidence to
support Plaintiff’s complaints.
Rather, the ALJ also expressly
considered Plaintiff’s own descriptions of her daily activities
(Tr. 16, 18) and her testimony that she does not take prescribed
medications for pain (Tr. 18).
Because this Court agrees with
Judge Sullivan’s conclusion that the ALJ’s credibility finding
is supported by substantial evidence, it adopts her Report and
Recommendation pursuant to 28 U.S.C. § 636(b)(1).
Motion to Reverse is DENIED, and Defendant’s Motion to Affirm is
IT IS SO ORDERED.
/s/ William E. Smith
William E. Smith
United States District Judge
Date: March 13, 2013
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets were retrieved from PACER, and should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.