BROTHERS v. COLVIN
Filing
15
ORDER adopting 12 Report and Recommendations. The final decision of the Commissioner is AFFIRMED. Ordered by US DISTRICT JUDGE C ASHLEY ROYAL on 8/20/15 (lap)
IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF GEORGIA
ATHENS DIVISION
MARYANN BROTHERS,
Plaintiff,
v.
:
:
:
:
:
No. 3:14‐CV‐108 (CAR)
CAROLYN W. COLVIN,
:
Social Security Appeal
Commissioner of Social Security,
:
:
Defendant.
:
___________________________________ :
ORDER ON THE REPORT AND RECOMMENDATION OF
THE UNITED STATES MAGISTRATE JUDGE
Before the Court is the United States Magistrate Judge’s Report and
Recommendation [Doc. 12] to affirm the Commissioner of Social Security’s decision
denying Plaintiff MaryAnn Brothers’ application for disability benefits. Plaintiff filed an
Objection to the Recommendation [Doc. 13]. Having considered the Objection and
conducted a de novo review of the matters raised therein, the Court agrees with the findings
and conclusions of the Magistrate Judge.
In her Objection, Plaintiff argues the ALJ erred in his RFC assessment by failing to
account for the opinions of an examining psychologist that Plaintiff (1) decompensates
under stress and (2) is extremely limited in her ability to get along with supervisors. The
Court, however, finds no reversible error. With respect to the first issue, the Magistrate
Judge fully and adequately explained that the ALJ considered the findings of both the
examining and reviewing psychologists regarding Plaintiff’s response to stress and
expressly gave great weight to those findings.
With respect to the second issue, Plaintiff argues the Magistrate Judge did not
address the ALJ’s failure to account for the examining psychologist’s finding that Plaintiff is
extremely limited in her ability to deal with supervisors, and the ALJ’s failure to do so
constitutes reversible error. The Court disagrees. As noted by the Magistrate Judge, the
record shows the ALJ limited Plaintiff’s RFC to work with only occasional interaction with
the public and coworkers and gave weight to the examining psychologist’s opinion.
Indeed, the ALJ’s RFC assessment is not inconsistent with the opinion that Plaintiff is
limited in her ability to get along with supervisors.1
Accordingly, the Report and Recommendation [Doc. 12] is hereby ADOPTED and
MADE THE ORDER OF THE COURT. The final decision of the Commissioner is
AFFIRMED.
SO ORDERED, this 20th day of August, 2015.
S/ C. Ashley Royal
C. ASHLEY ROYAL
UNITED STATES DISTRICT JUDGE
See Shaw v. Astrue, 392 F. App’x 684, 686 (11th Cir. 2010) (finding RFC limitation to “work with
simple instructions and no more than limited public contact” was “not inconsistent” with
examining physician’s opinion that plaintiff “had poor abilities to interact with supervisors”).
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