LACY v. ASTRUE
AMENDED ORDER ADOPTING REPORT AND RECOMMENDATION re 22 Order Adopting Report and Recommendation - The Clerk shall enter judgment stating, "The decision of the Commissioner to deny Plaintiff's application for social security benefits is AFFIRMED." Signed by JUDGE MARK E WALKER on 9/10/2013. (dlt)
IN THE UNITED STATES DISTRICT COURT FOR THE
NORTHERN DISTRICT OF FLORIDA
PANAMA CITY DIVISION
CARRIE A. LACY,
CASE NO. 5:12-cv-327-MW/CAS
CAROLYN W. COLVIN,
Acting Commissioner of
ORDER ACCEPTING AND ADOPTING REPORT AND
The Court has considered the Magistrate’s Report and Recommendation,
ECF No. 21, filed August 14, 2013. No timely objections having been received,
IT IS ORDERED:
The report and recommendation is accepted and adopted as the Court’s
opinion. In accepting the report and recommendation, this Court recognizes that
Dr. Dawson should have explained the amount (time/pounds) that Plaintiff could
“frequently lift” in item 6 under “exertional limitations” because Dr. Dawson
concluded that Plaintiff could frequently lift and/or carry “less than 10 pounds.”
Amended only to correct a scrivener’s error.
While the “inability to lift and/or carry more than 1 or 2 pounds would erode the
unskilled sedentary occupational base significantly” in some circumstances, Dr.
Dawson’s failure to elaborate in this case is of no consequence because, as the
Magistrate recognized, Plaintiff can occasionally lift and/or carry “10 pounds.”
The Clerk shall enter judgment stating, “The decision of the Commissioner
to deny Plaintiff’s application for social security benefits is AFFIRMED.”
The Clerk shall close the file.
SO ORDERED on September 10, 2013.
s/Mark E. Walker
United States District Judge
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