Waters v. Astrue

Filing 25

ORDER ADOPTING REPORT AND RECOMMENDATIONS for 21 Report and Recommendations; Plft's objections are w/out merit and are overruled. The decision of the Commissioner is AFFIRMED. The Clerk is directed to enter the appropriate judgment.. Signed by Chief Judge Lisa G. Wood on 5/21/2010. (ca)

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

GEANA M. WATERS, CIVIL ACTION NO.: CV509-030 Plaintiff,
V.

MICHAEL J. ASTRUE, Commissioner of Social Security, Defendant.

ORDER After an independent and de novo review of the record, the undersigned concurs with the Magistrate Judge's Report and Recommendation, to which Objections have been filed. In her Objections, Plaintiff states that "[i]f there is good cause to discount [a physician's] opinion, then it should be discounted in its entirety as opposed to only crediting the parts of it that would dictate a finding that the claimant was not disabled." (Doc. No. 23, p. 1). Plaintiff cites no authority for this proposition, perhaps because the law in this circuit supports a conclusion contradicting her position. See Jones v. Department of Health and Human Services, 941 F.2d 1529, 1533 (11th Cir. 1991) (holding that the ALJ properly discounted the portion of a treating physician's opinion that the plaintiff was disabled when that opinion was inconsistent with that physician's physical capacities evaluation finding that the plaintiff was able to perform sedentary work).

AO 72A
(Rev. 8/82)

Plaintiffs Objections are without merit and are OVERRULLED. The Report and Recommendation of the Magistrate Judge is adopted as the opinion of the Court. The decision of the Commissioner is AFFIRMED. The Clerk is directed to enter the appropriate judgment.

SO ORDERED, this 2- k day of

M 4

, 2010.

LISA3OD/BELWOOD CHIEF JUDGE UNIT DTATES DISTRICT COURT SOUtI-EERN DISTRICT OF GEORGIA

AO 72A (Rev. 8/82)

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