Smith v. Astrue

Filing 19

ORDER ADOPTING 16 the Magistrate Judge's Report and Recommendations. The decision of the Commissioner is AFFIRMED. The Clerk is directed to enter the appropriate judgment of dismissal. Signed by Chief Judge Lisa G. Wood on 5/25/2012. (csr)

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

JAMES SMITH,
Plaintiff,
V.

CIVIL ACTION NO.: CV51I-090

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

ORDER
Plaintiff filed Objections to the Magistrate Judge's Report dated May 3, 2012,
which recommended that the decision of the Social Security Commissioner be affirmed.
In his Objections, Plaintiff asserts that the Magistrate Judge erred because the
Administrative Law Judge incorrectly (1) used the Medical-Vocational Guidelines; (2)
found that Plaintiff did not have a severe mental impairment; (3) failed to consider
certain unopposed limitations of Plaintiff; and (4) failed to consider the opinion of Dr.
Peter Wrobel. After an independent and de novo review of the record, the undersigned
concurs with the Magistrate Judge's Report and Recommendation.
Plaintiff's Objections offer no new arguments. Plaintiff has failed to allege any
error by the Magistrate Judge; instead Plaintiff simply restates his arguments found in
his Brief in support of his Complaint. The Magistrate Judge's Report appropriately
addressed each of Plaintiff's arguments.

AU 72A
(Rev. 8/82

As the Magistrate Judge noted, this Court's role is to ensure that the
Administrative Law Judge's determination is supported by substantial evidence and the
appropriate legal standards. The Administrative Law Judge's determination, which
became the final decision of the Commissioner for the Social Security Administration, is
so supported. Accordingly, Plaintiffs Objections are without merit and are overruled.
The Magistrate Judge's Report and Recommendation is adopted as the opinion
of the Court. The decision of the Commissioner is AFFIRMED. The Clerk of Court is
directed to enter the appropriate judgment of dismissal.
SO ORDERED, this

Z

12012.

day of

LISA OEEY WOODC+OUGE
UN 7D STAT S1 TRICT COURT
SØ'UTHERN DISTRICT OF GEORGIA

AO 72A
(Rev. 8/82)

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