DAVIS v. ASTRUE

Filing 18

ORDER adopting Report and Recommendations re 15 Report and Recommendations. Accordingly the Social security Commissioner's final decision is Affirmed pursuant to Sentence Four of 42 USC § 405(g).Ordered by Judge W. Louis Sands on 11/8/12 (wks)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF GEORGIA
ALBANY DIVISION
JOHN THOMAS DAVIS,

:
:
Plaintiff,
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v.
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:
MICHAEL J. ASTRUE,
:
Commissioner of Social Security,
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Defendant.
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____________________________________:

CASE NO.: 1:11-cv-133 (WLS)

ORDER
Before the Court is a Report and Recommendation from United States Magistrate Judge
Thomas Q. Langstaff, filed August 23, 2012. (Doc. 15). It is recommended that the Social
Security Commissioner’s final decision be affirmed pursuant to Sentence Four of 42 U.S.C. §
405(g).
The Report and Recommendation provided the Parties with fourteen (14) days to file
written objections to the recommendations therein. (Id. at 3). The objection period expired
September 10, 2012. (See Docket.) Plaintiff filed his objection September 14, 2012, with no
explanation for the delay. As such, it was not timely filed and will not be considered.1
Upon full review and consideration upon the record, the objections set forth in Plaintiff’s
September 14, 2012 filing are OVERRULED, and the Court finds that said Report and
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In any event, Plaintiff’s objections are unpersuasive. He again argues that the ALJ erred in finding that his posttraumatic stress disorder was not a medically determinable impairment. But the ALJ had substantial evidence to
make that conclusion. A Veterans Administration doctor concluded that Plaintiff did not have PTSD and Plaintiff
denied having several of the symptoms of PTSD. (Doc. 12-2 at 15.) The ALJ also considered the combination of
Plaintiff’s alleged impairments—including PTSD and his eye injury—and concluded they “have had minimal (if
any) limiting effects on the claimant’s ability to perform work activities.” (Id.) As Judge Langstaff noted, the ALJ
can satisfy his duty to consider all impairments by “stating that he considered whether the claimant suffered from
any impairment or combination of impairments.” Jones v. Dep’t of Health & Human Servs., 941 F.2d 1529, 1533
(11th Cir. 1991). Accordingly, Judge Langstaff did not err in recommending that the Commissioner’s decision be
affirmed.

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Recommendation (Doc. 15) should be, and hereby is, ACCEPTED, ADOPTED and made the
Order of this Court for reason of the findings made and reasons stated therein. Accordingly, the
Social Security Commissioner’s final decision is AFFIRMED pursuant to Sentence Four of 42
U.S.C. § 405(g).
SO ORDERED, this

_8th day of November 2012.

/s/ W. Louis Sands_
THE HONORABLE W. LOUIS SANDS,
UNITED STATES DISTRICT COURT

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