Ordonez v. Social Security Administration

Filing 19

ORDER ADOPTING REPORT AND RECOMMENDATIONS 17 . Further Ordered that plaintiff's 14 Motion for Summary Judgment is Denied and the defendant's 16 Cross Motion for Summary Judgment is Granted, dismissing this case. Signed by Judge Ivan L.R. Lemelle on 12/4/2013.(ijg, )

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF LOUISIANA
LORI ORDONEZ

CIVIL ACTION

VERSUS

NO. 12-2330

MICHAEL J ASTRUE,
COMMISSIONER OF SOCIAL
SECURITY ADMINISTRATION

SECTION "B"(3)

ORDER AND REASONS
Before the Court are the Parties' cross motions for summary
judgement. (Rec. Doc. Nos. 14, 16). Magistrate Judge Knowles
issued a Report and Recommendation, which recommended that
Plaintiff Ordonez's Motion for Summary Judgement be denied, and
Defendant Commissioner's Cross Motion for Summary Judgement be
granted. (Rec. Doc. No. 17). Ordonez filed Objections to the
Report and Recommendation. (Rec. Doc. No. 18).
Accordingly, IT IS ORDERED that Ordonez's Objections are
OVERRULED and the Court AFFIRMS AND ADOPTS the Magistrate Judge's
Report and Recommendation. IT IS FURTHER ORDERED that Ordonez's
Motion for Summary Judgement (Rec. Doc. No. 14) is DENIED and the
Commissioner's Cross Motion for Summary Judgement (Rec. Doc. No.
16) is GRANTED, dismissing this case.
This case arises out of the Commissioner's denial of
Ordonez's application for Child's Disability Benefits and
Supplemental Security Income Benefits under the Social Security

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Act. (Rec. Doc. No. 14-1). Plaintiff's application claimed
disability due to mild mental retardation, emphysema, and
seizures. (Admin Rec. at 177). She alleged an onset date of
January 1, 1976. (Id. at 151).
The original application was denied on October 8, 2010. (Id.
at 22). A hearing was held on April 11, 2011 before
Administrative Law Judge Philip McLeod (ALJ). (Id.). The ALJ
denied Ordonez's application on July 11, 2011, concluding that
Ordonez "has not been under a disability within the meaning of
the Social Security Act from January 1, 1976, through the date of
[the] decision." (Id. at 23). The ALJ found that although Ordonez
suffered from severe impairments,1 those impairments did not meet
any of the listed impairments contained in the relevant Social
Security Administration regulations. (Id. at 25). Further, he
found that Ordonez was still capable of working and finding
employment in a number of areas despite her impairments.2 (Id. at
26). The ALJ denied the application for benefits. (Id. at 32).
Ordonez requested appeal of the ALJ's decision to the Appeal's
Counsel, but that request was denied. (Id. at 1).
1

The impairments the ALJ found were mild mental
retardation, depression, seizures, and history of polysubstance
abuse. (Admin Rec. at 24).
2

Specifically, the ALJ credited the testimony of a
vocational expert testifying at the hearing who found that
Ordonez would be able to perform the requirements of a
housekeeper/cleaner, groundskeeper/laborer, or a cleaner of
vehicles. (Admin Rec. at 31).
2

Plaintiff instituted the instant action, and claims the ALJ
erred in the following two respects:
1. The ALJ’s denial of benefits at Step 3 is contradicted by
substantial evidence. The plaintiff’s impairments meet
§12.05(C) of the Listing of Impairments.
2. The ALJ’s MRFC and findings at Step 5 are internally
contradictory. The ALJ’s hypothetical to the [Vocational
Expert] failed to incorporate all disabilities/limitations
which the ALJ accepted. The plaintiff should have been
awarded benefits at Step 5 per the ALJ’s own findings.
(Rec. Doc. No. 14-1 at 2).
After a review of the administrative record, the instant
judicial record, parties memoranda and argument, and relevant
law, the Court finds that the ALJ's residual functional capacity
findings have substantial record-evidence support. Therefore,
Ordonez's Motion for Summary Judgement (Rec. Doc. No. 14) is
DENIED and the Commissioner's Cross Motion for Summary Judgement
(Rec. Doc. No. 16) is GRANTED, dismissing this case.

New Orleans, Louisiana, this 4th day of December, 2013.

_______________________________
UNITED STATES DISTRICT JUDGE

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