Partee v. Social Security Administration Commissioner
JUDGMENT ADOPTING REPORT AND RECOMMENDATIONS; affirms the decision of the Administrative Law Judge; and dismisses plaintiff's complaint with prejudice. Signed by Honorable Jimm Larry Hendren on September 14, 2009. (lw)
IN THE UNITED STATES DISTRICT COURT WESTERN DISTRICT OF ARKANSAS HARRISON DIVISION JUSTIN E. PARTEE v. Civil No. 08-3030 DEFENDANT PLAINTIFF
MICHAEL J. ASTRUE, Commissioner Social Security Administration JUDGMENT
Now on this 14th day of September, 2009, comes on for consideration the Report and Recommendation issued by the Honorable James Marschewski, United States Magistrate Judge for the Western District of Arkansas. (Doc. 12.) The Court, being well and
sufficiently advised, finds and orders as follows with respect thereto: 1. Marschewski In his found Report and Recommendation, evidence to Magistrate Judge support the
Commissioner's decision to deny plaintiff benefits.
Judge Marschewski, therefore, recommended that the Commissioner's decision be affirmed and that plaintiff's action be dismissed. 2. and Plaintiff has filed objections (Doc. 13) to the Report asserting that the ALJ's assessment of
plaintiff's residual functional capacity (RFC) was not supported by substantial evidence. Specifically, plaintiff asserts that the ALJ erred in crediting the evaluation of Dr. Nancy Bunting over the evaluation of Dr. Vann Smith. 3. The Court has reviewed this case de novo. As observed
by Magistrate Judge Marschewski, it is the ALJ's function to weigh
conflicting evidence and to resolve disagreements among physicians. See Kirby v. Astrue, 500 F.3d 705, 709 (8th Cir. 2007). The ALJ
properly considered all the medical records, plaintiff's subjective complaints, and plaintiff's daily activities, and found Dr. Smith's assessment of plaintiff's RFC to be highly inconsistent with this evidence. The Court, therefore, sees no merit to plaintiff's
objections and finds that the ALJ's decision was supported by substantial evidence. 4. Accordingly, the Court hereby adopts the Report and
Recommendation; affirms the decision of the Administrative Law Judge; and dismisses plaintiff's complaint with prejudice. IT IS SO ORDERED.
/S/JIMM LARRY HENDREN JIMM LARRY HENDREN UNITED STATES DISTRICT JUDGE
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