Green v. Social Security Administration Commissioner

Filing 13

JUDGMENT/ORDER AFFIRMING THE DECISION OF THE COMMISSIONER and Plaintiffs case is dismissed with prejudice and adopting the Recommendation of the Magistrate Judge as set forth in the 11 Report and Recommendations. Signed by Honorable Susan O. Hickey on August 11, 2014. (cnn)

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IN THE UNITED STATES DISTRICT COURT WESTERN DISTRICT OF ARKANSAS EL DORADO DIVISION DIANE GREEN, on behalf of DAVID MILLER VS. PLAINTIFF CASE NO. 1:13-CV-1065 CAROLYN COLVIN Commissioner, Social Security Administration RESPONDENT ORDER Before the Court is the Report and Recommendation filed April 4, 2014, by the Honorable Barry A. Bryant, United States Magistrate Judge for the Western District of Arkansas. (ECF No. 11). Judge Bryant recommends that the decision of the Administrative Law Judge (“ALJ”) be affirmed. Plaintiff has filed objections to the Report and Recommendation. (ECF No. 12). After reviewing the record de novo, the Court adopts Judge Bryant’s Report and Recommendation as its own. Plaintiff argues that the ALJ failed to conduct a Polaski evaluation, thereby rendering the ALJ’s Disability Insurance Benefits decision invalid. While Judge Bryant discussed the Polaski factors, Plaintiff argues that the discussion was not adequate. The Court disagrees. Judge Bryant adequately addressed the five factors for assessing credibility contained in Polaski v. Heckler, 739 F.2d 1320 (8th Cir. 1984). Judge Bryant fully considered the ALJ’s findings relating to these credibility factors and found them to be valid. Accordingly, the Court overrules Plaintiff’s objections and adopts Judge Bryant’s Report and Recommendation. For the reasons stated herein and above, as well as those contained in the Report and Recommendation, the decision of the ALJ is hereby AFFIRMED. IT IS SO ORDERED, this 11th day of August, 2014. /s/ Susan O. Hickey Susan O. Hickey United States District Judge

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