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)

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