Fullard v. Astrue

Filing 29

ORDER adopting Report and Recommendations re 26 Report and Recommendations; affirming decision of Commissioner; directing clerk to enter judgment of dismissal. Signed by Judge Lisa G. Wood on 12/22/08. (slt)

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF GEORGIA WAYCROSS DIVISION

EDDIE FULLARD,

Plaintiff, V. MICHAEL J. ASTRUE, Commissioner of Social Security, Defendant.
CIVIL ACTION NO.: CV507-072

ORDER Presently before the Court are Plaintiff's Objections to the Magistrate Judge's Report, wherein he recommended that the decision of the Commissioner of the Social Security Administration be affirmed. In his Objections, Plaintiff contends that the Administrative Law Judge's ('ALJ") statement that Dr. Garcia had only seen Plaintiff twice is without merit. Plaintiff further contends that the AU did not show good cause for refusing to give substantial weight to the functional capacity evaluation of Dr. Garcia, his treating physician. (Doe. No. 28). Plaintiffs Objections are merely reassertions of the contentions found in his original brief. As the Magistrate Judge noted in his Report, the AU's statement that Dr. Garcia had only seen Plaintiff twice is not dispositive because there is substantial evidence showing good cause for the AU's decision to discount Dr. Garcia's opinion. Plaintiff's contention that the AU did not show good cause for discounting Dr. Garcia's

AO 72A (Rev. 8/82)

opinion is also without merit because the record contains substantial evidence that Dr. Garcia's office records fail to support his opinion, that Dr. Wallace's conclusions did not support Dr. Garcia's opinion, that other medical examinations and evidence did not support Dr. Garcia's opinions, and a vocational expert found that Plaintiff could return to his past relevant work. The Magistrate Judge's Report and Recommendation is adopted as the opinion of the Court. The decision of the Commissioner is AFFIRMED. Plaintiff's Complaint is DISMISSED. The Clerk of the Court is authorized and directed to enter the appropriate judgment of dismissal. SO ORDERED, this day of

HNORPBLE LISA GODBEY WOOD UtJIT1D STATES DISTRICT JUDGE

AO 72A (Rev. 882)

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