Calvert v. Social Security Administration

Filing 15

ORDER adopting the 11 proposed findings and recommended disposition. The record as a whole supports the administrative law judge's conclusion that the severity of symptoms and limitations alleged by Calvert are not consistent with the objecti ve medical evidence. The decision of the Commissioner of the Social Security Administration to deny disability benefits to Roberta L. Calvert is affirmed. The complaint of Roberta L. Calvert is dismissed with prejudice. Signed by Judge J. Leon Holmes on 5/25/2016. (ljb)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
WESTERN DIVISION
ROBERTA L. CALVERT
v.

PLAINTIFF
No. 4:15CV00215 JLH

CAROLYN W. COLVIN, Acting Commissioner,
Social Security Administration

DEFENDANT

ORDER
The Court has reviewed the Recommended Disposition submitted by United States
Magistrate Judge J. Thomas Ray, as well as the timely objections of the plaintiff, Roberta Calvert.
After a de novo review of the record, the Court adopts the proposed findings and recommended
disposition submitted by Judge Ray. Calvert complains that the administrative law judge did not
cite Polaski v. Heckler, 751 F.2d 943 (8th Cir. 1984), and did not discuss the Polaski factors in
discounting her credibility. The administrative law judge did not cite Polaski, but he did cite the
regulations that parallel Polaski. SSA Record at 14 (“I have considered all symptoms and the extent
to which these symptoms can reasonably be accepted as consistent with the objective medical
evidence and other evidence, based on the requirements of 20 CFR 404.1529 and 416.929 and SSRs
96-4p and 96-7p.”). Although the administrative law judge did not include in his opinion a separate
section devoted specifically to these factors, it is clear from the opinion as a whole that the
administrative law judge considered the relevant factors and discussed them in detail during the
course of the opinion. Furthermore, the record as a whole supports the administrative law judge’s
conclusion that the severity of symptoms and limitations alleged by Calvert are not consistent with
the objective medical evidence. The decision of the Commissioner of the Social Security
Administration to deny disability benefits to Roberta L. Calvert is affirmed. The complaint of
Roberta L. Calvert is dismissed with prejudice.

IT IS SO ORDERED this 25th day of May, 2016.

__________________________________
J. LEON HOLMES
UNITED STATES DISTRICT JUDGE

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