Brown 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 25, 2012. (lw)
IN THE UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF ARKANSAS
FORT SMITH DIVISION
ANITA BROWN
PLAINTIFF
V.
CIVIL NO. 11-2151
MICHAEL J. ASTRUE, Commissioner of
Social Security Administration
DEFENDANT
JUDGMENT
Now
on
this
25th
Day
of
July,
2012,
comes
on
for
consideration the Report and Recommendation dated May 3, 2012,
by the Honorable Barry A. Bryant, United States Magistrate Judge
for the Western District of Arkansas. (Doc. 11). Also before the
Court are Plaintiff’s Objections.
After
a
sufficiently
de
novo
advised,
review,
finds
(Doc. 12).
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
Plaintiff’s Residual Functional Capacity.
evidence
determination
of
The Administrative
Law Judge properly analyzed Plaintiff’s credibility with respect
to her subjective complaints, addressing the Polaski factors and
pointing out inconsistencies between Plaintiff's testimony and
the record. The Administrative Law Judge did not err in his
Page 1 of 2
consideration
of
Dr.
Floyd’s
consultative
examination.
Plaintiff produced no evidence that anyone other than Dr. Floyd
conducted
the
May
6,
2009,
consultative
examination.
The
Administrative Law Judge properly found that Plaintiff did not
have non-exertional limitations and did not err by applying the
Medical-Vocational Guidelines.
Finally, the Appeals Council was
not required to consider Dr. Hoyt’s September 3, 2010, report
because it is not material and does not relate to the period on
or before the date of the ALJ’s decision of July 2, 2010.
The
report was, however, made a part of the record in this matter.
The Court gives no weight to Dr. Hoyt’s conclusory statement
that
the
Plaintiff
employment”,
as
that
is
“certainly
determination
incapable
is
of
reserved
gainful
for
the
Commissioner.
The Court hereby affirms the Commissioner’s decision and
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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