Phelps v. Social Security Administration
ORDER accepting 15 Recommended Disposition; denying plaintiff's 2 request for relief. Signed by Judge Susan Webber Wright on 8/26/2015. (ks)
IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
JENNIFER BRANDI PHELPS
CAROLYN W. COLVIN, Acting Commissioner,
Social Security Administration
ORDER ACCEPTING RECOMMENDED DISPOSITION
After reviewing the recommended disposition (docket entry # 15) and the
objections (docket entry # 19), the court OVERRULES the objections, ACCEPTS the
recommended disposition, and DENIES Jennifer Brandi Phelps’s request for relief
(docket entry # 2).
The court reviewed the record de novo and concluded that substantial evidence
supports the Commissioner’s decision. The magistrate judge made no post‐hoc
findings; instead, the magistrate judge explained why a reasonable mind will accept the
decision that Phelps can do unskilled, simple, repetitive, sedentary work involving
superficial interpersonal contact.
The magistrate judge relied on the evidence and reasoning intrinsic to the
Commissioner’s decision. The magistrate judge’s reasoning is consistent with this
jurisdiction’s legal authorities. The magistrate judge discussed the issues differently
than Phelps framed her arguments, but the difference does not undermine the
explanation about why substantial evidence supports the decision and why Phelps’s
arguments provide no basis for relief. The difference flows from function: advocacy
versus judicial review.
Because a reasonable mind will accept the evidence as adequate to support the
decision, the court will enter judgment affirming the decision of Carolyn W. Colvin,
Acting Commissioner of the Social Security Administration.
So ordered this 26th day of August, 2015.
/s/Susan Webber Wright
UNITED STATES DISTRICT JUDGE
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?