WOOD v COLVIN
Filing
18
ORDER adopting 16 Report and Recommendations. Ordered by US DISTRICT JUDGE C ASHLEY ROYAL on 3/14/2018 (lap)
IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF GEORGIA
MACON DIVISION
GEORGE BATTIE WOOD,
:
:
Plaintiff,
:
:
CIVIL ACTION
v.
:
NO. 5:16‐CV‐551 (CAR)
:
NANCY A. BERRYHILL,
:
Social Security Appeal
Acting Commissioner of Social Security, :
:
Defendant.
:
____________________________________ :
ORDER ON RECOMMENDATION OF
THE UNITED STATES MAGISTRATE JUDGE
Before the Court is the United States Magistrate Judge’s Report and
Recommendation to affirm the Commissioner’s decision to deny Plaintiff George
Wood’s application for disability insurance benefits, finding the Appeals Council
properly declined to review the new records Plaintiff submitted, and because the
ALJ’s residual function capacity (“RFC”) finding is supported by substantial evidence.
Plaintiff filed a timely Objection to the Recommendation. Accordingly, the Court has
conducted a de novo review of the administrative record and the Commissioner’s
decision.
In his Objection, Plaintiff largely restates the same arguments he presented to
the Magistrate Judge arguing the evidence submitted to the Appeals Council is new
and material evidence establishing the ALJ’s decision is not supported, and the ALJ
failed to properly assess Plaintiff’s RFC, and thus the decision to deny Plaintiff’s
application for disability insurance is not supported by substantial evidence. Contrary
to Plaintiff’s assertions, however, the Magistrate Judge thoroughly considered the
administrative record and used the correct legal standards to explain why each alleged
error fails. The Recommendation sets forth a detailed analysis and that analysis need
not be restated here. The Court agrees with the Magistrate Judge’s findings and
conclusions and finds the ALJ applied the correct legal standards, and her decision
was supported by substantial evidence. Accordingly, Plaintiff’s Objections [Doc. 17]
are OVERRULED, and the Report and Recommendation [Doc. 16] is therefore
ADOPTED and MADE THE ORDER OF THE COURT.
SO ORDERED, this 14th day of March, 2018.
S/ C. Ashley Royal
C. ASHLEY ROYAL, SENIOR JUDGE
UNITED STATES DISTRICT COURT
2
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?