Windes v. Social Security Administration

Filing 17

ORDER AND REASONS ADOPTING REPORT AND RECOMMENDATIONS 15 . IT IS ORDERED that defendant's cross-motion for summary judgment is GRANTED. Plaintiff's motion for summary judgment is DENIED and plaintiff's complaint is DISMISSED WITH PREJUDICE. Signed by Judge Sarah S. Vance on 8/31/2017.(cg)

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UNITED STATES DISTRICT COURT EASTERN DISTRICT OF LOUISIANA ROBERT WINDES CIVIL ACTION VERSUS NO. 16-4871 SOCIAL SECURITY ADMINISTRATION SECTION “R” (5) ORDER AND REASONS The Court has reviewed de novo the complaint, 1 plaintiff’s motion for summary judgment, 2 defendant’s cross-motion for summary judgment,3 the record, the applicable law, the Magistrate Recommendation,4 and plaintiff’s objections.5 Judge’s Report and The Magistrate Judge’s recommended ruling is correct, and plaintiff’s objections were fully addressed by the Report and Recommendation or are otherwise without merit.6 Accordingly, the Court adopts the Magistrate Judge’s Report and Recommendation as its opinion herein. R. Doc. 1. R. Doc. 13. 3 R. Doc. 14. 4 R. Doc. 15. 5 R. Doc. 16. 6 R. Doc. 15. Plaintiff objects to the Report and Recommendation’s discussion of plaintiff’s omission of deep vein thrombosis as a disabling condition on his original application and plaintiff’s failure to ask the vocational expert about exertional limitations resulting from deep vein thrombosis. See R. Doc. 16-1 at 10-14. But the Magistrate Judge did not base his recommendation on a finder of waiver. The Magistrate Judge 1 2 IT IS ORDERED that defendant’s cross-motion for summary judgment is GRANTED. Plaintiff’s motion for summary judgment is DENIED and plaintiff’s complaint is DISMISSED WITH PREJUDICE. 31st New Orleans, Louisiana, this _____ day of August, 2017. _____________________ SARAH S. VANCE UNITED STATES DISTRICT JUDGE correctly concluded that substantial evidence in the medical record supports the Administrative Law Judge’s finding that plaintiff’s deep vein thrombosis does not cause him any functional limitations. 2

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