Crockett v. Social Security Administration

Filing 22

ORDER approving and adopting the 21 Recommendation in all respects; dismissing 2 Complaint with prejudice and affirming Commissioner's decision. Signed by Chief Judge Brian S. Miller on 9/30/2014. (ljb)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF ARKANSAS
EASTERN DIVISION
JAMES CROCKETT, JR.
v.

PLAINTIFF
CASE NO. 2:12CV00151 BSM

CAROLYN W. COLVIN,
Acting Commissioner,
Social Security Administration

DEFENDANT
ORDER

This case is not easy. Petitioner James Crockett, Jr. was shot three times and is
suffering the adverse effects of being shot. The administrative law judge essentially agrees
that Crockett is suffering the ill effects of his gunshot wounds and that his ability to work is
limited. The ALJ denied benefits, however, because Crockett has not shown that his injuries
prevent him from working as a counselor, which is a job Crockett held before being shot.
It appears from the record, however, that Crockett might have obtained a different outcome
had he provided medical proof supporting his contention that the pain medication he takes
makes it impossible for him to work, even as a counselor.
On appeal, Magistrate Judge Thomas Ray agreed with the ALJ and recommends
affirming. Crockett has not objected to Judge Ray’s recommended disposition and has
provided no medical proof in support of his contention that he is unable to work.
Consequently, the recommendation is approved and adopted in all respects.
Accordingly, Mr. Crockett’s complaint [Doc. No. 2] is dismissed with prejudice and
the Commissioner’s decision is affirmed.
An appropriate judgment shall accompany this order.

IT IS SO ORDERED this 30th day of September 2014.

________________________________
UNITED STATES DISTRICT JUDGE