Partee v. Social Security Administration Commissioner

Filing 14

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

substantial

Commissioner's decision to deny plaintiff benefits.

Magistrate

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

Recommendation,

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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