KIZER v. COLVIN

Filing 21

ORDER adopting 18 Report and Recommendation. Signed by William Terrell Hodges on 5/30/2017. The Clerk is directed to enter judgment stating: "The decision of the Commissioner, denying benefits, is affirmed." The Clerk is directed to close the file. (kdm)

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF FLORIDA
GAINESVILLE DIVISION

JOHN KIZER,
PLAINTIFF,
-vs-

Case No. 1:15-cv-00242-WTH-GRJ

CAROLYN W COLVIN,
DEFENDANT.
______________________________/
ORDER
This cause comes on for consideration upon the Magistrate Judge's Report and
Recommendation dated December 30, 2016. (Doc. 18). The parties have been
furnished a copy of the Report and Recommendation and have been afforded an
opportunity to file objections pursuant to Title 28, United States Code, Section
636(b)(1). Plaintiff has filed objections at Doc. 20. I have made a de novo review
based on those objections.
Having considered the Report and Recommendation, and the timely filed
objections, I have determined that the Report and Recommendation should be
adopted. The Court agrees with the Magistrate Judge that the Administrative Law
Judge correctly found that the treatment notes of Plaintiff’s medical providers over the
years and the opinion of Dr. Desai provided substantial evidence that Plaintiff was
capable of light work with certain limitations. Also, the Court agrees that the ALJ
properly explained why he gave little weight to the opinion of examining physician Dr.

Page 2 of 2

McCormick: Dr. McCormick himself stated that his written opinion – based on the
assumption that Plaintiff’s complaints were genuine – should be entitled to little weight
because Plaintiff was exaggerating his symptoms during the examination. Finally, the
ALJ properly explained that he relied on the same medical evidence and exaggeration
by Plaintiff to find Plaintiff’s complaints of pain not credible.
Accordingly, it is hereby
ORDERED AND ADJUDGED:
1.
The Magistrate Judge’s Report and Recommendation is adopted
and incorporated by reference in this order.
2.
The Clerk is directed to enter judgment stating: “The decision of the
Commissioner, denying benefits, is affirmed.”
3.

The Clerk is directed to close the file.

DONE and ORDERED at Gainesville, Florida this 30th day of May, 2017.

Case No: 1:15-cv-00242-WTH-GRJ