Brown v. Social Security Administration Commissioner
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
CIVIL NO. 11-2151
MICHAEL J. ASTRUE, Commissioner of
Social Security Administration
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.
recommendation is proper and should be and hereby is adopted in
Plaintiff’s Residual Functional Capacity.
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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Plaintiff produced no evidence that anyone other than Dr. Floyd
Administrative Law Judge properly found that Plaintiff did not
have non-exertional limitations and did not err by applying the
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.
report was, however, made a part of the record in this matter.
The Court gives no weight to Dr. Hoyt’s conclusory statement
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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