(SS) Billington v. Commissioner of Social Security
Filing
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ORDER ADOPTING 19 Findings and Recommendations and Denying 13 Plaintiff's Motion for Summary Judgment signed by Chief District Judge Kimberly J. Mueller on 3/27/2024. CASE CLOSED. (Lawrence, A)
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UNITED STATES DISTRICT COURT
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FOR THE EASTERN DISTRICT OF CALIFORNIA
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JASON BILLINGTON,
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Plaintiff,
v.
MARTIN O’MALLEY, Commissioner of
Social Security,
No. 1:22-cv-01652-NODJ-BAM
ORDER ADOPTING FINDINGS AND
RECOMMENDATIONS
(Doc. 19)
Defendant.
On March 7, 2024, the assigned magistrate judge issued findings and recommendations
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recommending: (1) Plaintiff’s motion for summary judgment and appeal from the administrative
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decision of the Commissioner of Social Security be denied, affirming the agency’s determination
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to deny benefits; and (2) The Clerk of this Court be directed to enter judgment in favor of
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Defendant Martin O’Malley, Commissioner of Social Security, and against Plaintiff Jason
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Billington. (Doc. 19.) The findings and recommendations were served on the parties and
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contained notice that any objections thereto were to be filed within fourteen (14) days after
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service. (Id.) No objections were filed.
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In accordance with the provisions of 28 U.S.C. § 636 (b)(1)(c), this Court has conducted a
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de novo review of the case. Having carefully reviewed the file, the Court finds that the findings
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and recommendations are supported by the record and proper analysis. The Court finds that the
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Magistrate Judge appropriately evaluated the RFC limitations and the ALJ’s duty to develop the
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record. The Court further finds that the Magistrate Judge appropriately evaluated Plaintiff’s
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symptoms testimony in relation to treatment notes, daily activities, and ability to control
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symptoms with medication and other forms of treatment.
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Accordingly,
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1.
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The findings and recommendations issued on March 7, 2024 (Doc. 19) are
ADOPTED IN FULL;
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Plaintiff’s motion for summary judgment and appeal from the administrative
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decision of the Commissioner of Social Security is DENIED, affirming the
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agency’s determination to deny benefits; and
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3.
The Clerk of the Court is directed to enter judgment in favor of Defendant Martin
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O’Malley, Commissioner of Social Security, and against Plaintiff Jason Billington,
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and to close this case.
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DATED: March 27, 2024.
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