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)

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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 Page 2 of 2   

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