Releford v. Social Security Administration Commissioner

Filing 13

JUDGMENT 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 Robert T. Dawson on July 12, 2012. (lw)

IN THE UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF ARKANSAS
FORT SMITH DIVISION
JAMEY D. RELEFORD

PLAINTIFF

V.

CIVIL NO. 11-2095

MICHAEL J. ASTRUE, Commissioner of
Social Security Administration

DEFENDANT

JUDGMENT
Now

on

this

12th

Day

of

July,

2012,

comes

on

for

consideration the Report and Recommendation dated May 1, 2012,
by

the

Honorable

James

R.

Marschewski,

Chief

United

States

Magistrate Judge for the Western District of Arkansas. (Doc.
11). Also before the Court are Defendant’s Objections.

(Doc.

12).
After

a

sufficiently

de

novo

review,

advised,

finds

the

as

Court,

follows:

being
The

well

and

report

and

recommendation is proper and should be and hereby is adopted in
its

entirety.

supports

the

The

record

shows

Administrative

Law

that

substantial

Judge’s

evidence

determination

that

Plaintiff’s neck and back pain and hearing loss were non-severe
impairments.
Capacity
Tompkins’

The Administrative Law Judge’s Residual Functional

was

proper

and

limitations

his
were

reasons

sufficient.

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for

discounting

Dr.

Finally,

the

Administrative Law Judge’s hypothetical question at step five
was

properly

based

adopted

by

the

alleged

limitations

unsubstantiated.
decision

and

on

the

limitations

Administrative
or

Law

that

Judge

impairments

he

were

after

rejected

ultimately

excluding
as

any

untrue

or

The Court hereby affirms the Commissioner’s

DISMISSES

Plaintiff’s

Complaint

(Doc.

1)

WITH

PREJUDICE.
IT IS SO ORDERED.

/s/ Robert T. Dawson
Honorable Robert T. Dawson
United States District Judge

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