Gilbert v. Commissioner of Social Security

Filing 23

ORDER entered by Judge Harold A. Baker on 7/20/2015. The Court accepts Judge Bernthal's Report and Recommendation 20 . The plaintiff's motion for summary judgment 15 is denied. The defendant's motion for summary judgment 17 is granted. This case is terminated. See written Order. (DS, ilcd)

E-FILED

Monday, 20 July, 2015 04:21:06 PM
Clerk, U.S. District Court, ILCD
UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF ILLINOIS
ROY L. GILBERT,
Plaintiff,
v.
COMMISSIONER OF SOCIAL
SECURITY,
Defendant.

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14-2045

ORDER
The plaintiff, Roy L. Gilbert, suffers from back and hip pain as well as some chest pain
resulting from childhood surgery to correct a “funnel chest.” He has had several back surgeries
to alleviate his pain, with limited success. Gilbert also suffers from depression and anxiety. He
applied for social security disability benefits which the Administrative Law Judge (“ALJ”)
denied, finding that Gilbert could perform certain types of light work that exist in significant
numbers in the national economy.
Gilbert filed a complaint against the Commissioner of Social Security, seeking judicial
review of the ALJ’s decision. Gilbert filed a motion for summary judgment, as did the
Commissioner of Social Security. Magistrate Judge David G. Bernthal issued a report and
recommendation, recommending that Gilbert’s motion for summary judgment be denied, and
that the defendant’s motion be granted.
Thereafter, the plaintiff filed a timely objection to the report and recommendation, and
the defendant filed a response. The matter is now fully briefed.
The court has carefully reviewed Judge Bernthal’s recommendations and Gilbert’s
detailed assertions of perceived errors. The court need not address each of Gilbert’s objections
because Judge Bernthal has thoroughly addressed the important points in his well-reasoned
report and recommendation. No medical opinion found that Gilbert’s limitations prevented him
from performing the light work described by the vocational expert. In fact, the ALJ considered
updated evidence after Dr. Andrews formed his opinion, and concluded that Gilbert’s limitations
were greater than those suggested by Dr. Andrews.
Therefore, the court accepts Judge Bernthal’s report and recommendation [20]. The
plaintiff’s motion for summary judgment [15] is denied. The defendant’s motion for summary
judgment [17] is granted.
It is so ordered. This case is terminated.

Entered this 20th day of July, 2015.
s/Harold A. Baker
________________________________
HAROLD A. BAKER
UNITED STATES DISTRICT JUDGE

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