Lanham v. Commissioner of Social Security
Filing
20
MEMORANDUM OPINION & ORDER: The Court adopts the Findings of Fact, Conclusions of Law and Recommendation of the Magistrate Judge and the decision of the Commissioner denying benefits is AFFIRMED. IT IS FURTHER ORDERED that this case is DISMISSED WITH PREJUDICE. This is a final and appealable order. Signed by Senior Judge John G. Heyburn, II on 11/18/2014. cc: Counsel, DW(JBM)
UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF KENTUCKY
AT LOUISVILLE
CIVIL ACTION NO. 3:14-CV-62-H
CHEORKEENIA LANHAM
PLAINTIFF
v.
CAROLYN W. COLVIN, COMMISSIONER
OF SOCIAL SECURITY
DEFENDANT
MEMORANDUM OPINION AND ORDER
Plaintiff filed a complaint pursuant to 42 U.S.C. § 405(g) for judicial review of the final
decision of the Commissioner of Social Security that denied her application for disability
insurance benefits. After the Commissioner denied Plaintiff’s claim on initial consideration and
reconsideration, she requested a hearing before an administrative law judge, who also denied her
request. Thereafter, this matter was referred to the Magistrate Judge for a report and
recommendation.
The Magistrate Judge has conducted a very thorough report and recommendation which
ultimately concluded to affirm the decision of the administrative law judge denying benefits.
Plaintiff has filed an objection, primarily arguing that more consideration should be given to the
severe and limiting effects of her sleep apnea. This Court has reviewed the Magistrate Judge’s
report and it appears as though he properly considered evidence of sleep apnea. The Court can
find no basis for overturning the Magistrate Judge’s decision.
Being otherwise sufficiently advised,
IT IS HEREBY ORDERED that the Court adopts the Findings of Fact, Conclusions of
Law and Recommendation of the Magistrate Judge and the decision of the Commissioner
denying benefits is AFFIRMED.
IT IS FURTHER ORDERED that this case is DISMISSED WITH PREJUDICE.
This is a final and appealable order.
November 18, 2014
cc:
Counsel of Record
Magistrate Judge Dave Whalin
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