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

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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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