Jones v. Commissioner of Social Security

Filing 24

ORDER adopting and confirming 21 REPORT AND RECOMMENDATIONS re 1 Complaint filed by Jennifer Mary Jones. Plaintiff Jennifer Mary Jones' Objection to the R&R (Doc. No. 22), filed June 16, 2014, is OVERRULED. The final decision of the Commissioner is AFFIRMED. The Clerk is directed to enter judgment in favor of the Commissioner, and to CLOSE this case. Signed by Chief Judge Anne C. Conway on 8/25/2014. (SR)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
ORLANDO DIVISION
JENNIFER MARY JONES,
Plaintiff,
v.

Case No: 6:13-cv-520-Orl-22KRS

COMMISSIONER OF SOCIAL
SECURITY,
Defendant.

ORDER
This cause comes before the Court on Plaintiff Jennifer Mary Jones’ (“Plaintiff”) Objection
(Doc. No. 22) to the Magistrate Judge’s Report and Recommendation (“R&R”) issued on June 3,
2014 (Doc. No. 21). In this proceeding, the Court’s sole task is to determine whether the
Commissioner applied the proper legal standards and reached a decision that is supported by
substantial evidence. Bloodsworth v. Heckler, 703 F.2d 1233, 1239 (11th Cir.1983). After an
independent de novo review of the record in this matter, the Court agrees entirely with the findings
of fact and conclusions of law in the R&R.
Plaintiff’s Objection is based on the Administrative Law Judge’s (“ALJ”) decision to
accord little weight to the opinion of Marianne McCool, a treating nurse practitioner, with respect
to Plaintiff’s mental health. Plaintiff asserts that the ALJ disregarded the nurse practitioner’s
opinion solely because a nurse practitioner is not an “acceptable medical source,” but that
argument is inconsistent with the ALJ’s written findings in the memorandum accompanying his
decision. As the Magistrate Judge correctly noted, the applicable Social Security Administration
guidelines state that an ALJ generally should explain the weight given to opinions from medical

sources that are not acceptable medical sources when such opinions may have an effect on the
outcome of the case. SSR 06-03p, 2006 WL 2329939. Here, the ALJ initially stated that he gave
little weight to McCool’s opinion because she is not an acceptable medical source, but further
explained that her opinion (documented in progress notes, (R. at 507-517, 519-521)), was
unreliable because it “reflects only sporadic visits by the claimant,” “fails to take into account the
effect of the claimant’s significant history of substance abuse,” and “is inconsistent with the
findings of the claimant’s consultative examination and with the claimant’s medical evidence of
record as a whole.” (R. at 22.) The presence of these findings makes it clear that the ALJ adequately
explained the weight he afforded McCool’s opinion, distinguishing this case from those cited by
Plaintiff. E.g., Reliford v. Barnhart, 444 F. Supp. 2d 1182, 1188 (N.D. Ala. 2006).
Based on the foregoing, it is ordered as follows:
1.

The Report and Recommendation (Doc. No. 21), filed June 3, 2014, is ADOPTED

and CONFIRMED and is made a part of this Order.
2.

Plaintiff Jennifer Mary Jones’ Objection to the R&R (Doc. No. 22), filed June 16,

2014, is OVERRULED.
3.

The final decision of the Commissioner is AFFIRMED.

4.

The Clerk is directed to enter judgment in favor of the Commissioner, and to

CLOSE this case.
DONE and ORDERED in Chambers, in Orlando, Florida on August 25, 2014.

Copies furnished to:
Counsel of Record
Unrepresented Parties

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