Hartman v. Social Security Administration

Filing 18

ORDER ADOPTING 15 REPORT AND RECOMMENDATIONS, as set forth in document. Signed by Judge Ivan L.R. Lemelle on 01/30/2019.(am)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF LOUISIANA

JACQUELINE HARTMEN, ON BEHALF
S.M.

CIVIL ACTION

VERSUS

NO. 17-13712

NANCY A. BERRYHILL, ACTING COMMISSIONER
OF THE SOCIAL SECURITY ADMINISTRATION

SECTION: “B”(1)

ORDER AND REASONS
On January 11, 2019 Counsel for Plaintiff filed an Objection to the Magistrate Judge’s
Report and Recommendation (Rec. Docs. 15 and 16), without a supporting memorandum. Local
Civil Rule 72.2.
It appears that Plaintiff filed Rec. Doc. 16 as a placeholder until she was able to file another
document entitled Plaintiff’s Objections to Magistrate Judge’s Report and Recommendation
that included a supporting memorandum. (Rec. Doc. 17) The Clerk of Court deemed the latter
objection as an untimely and deficient amendment to the original objection. (Rec. Doc. 17)
A notice of deficient document was sent to Plaintiff giving a seven day period to correct
the deficiency by seeking leave of court to file the amended objection.
In the exercise of our discretionary authority, we have considered Plaintiff’s objection and
supporting memorandum found at Rec. Docs. 16 and 17, along with the Magistrate Judge’s Report
and Recommendation, Rec. Doc. 15, all parties cross motions for summary judgment, Rec. Docs.
13 and14, the administrative record, Rec. Doc. 11, the record and applicable law.

In so doing, we find that the Administrative Law Judge (ALJ) correctly applied the relevant
legal standards and substantial record evidence supports the decisions made by the ALJ and
the Commissioner of the Social Security Administration (Commissioner); Accordingly,
IT IS ORDERED that:
(1) Plaintiff’s objections are OVERRULED;
(2) The Magistrate Judge’s Report and Recommendation are ADOPTED as the
opinion of the court; Plaintiff’s motion for summary judgment is
DENIED; and Defendant Commissioner’s cross motion for summary
judgment is GRANTED, dismissing the captioned matter.
New Orleans, Louisiana, this 30th day of January, 2019.

__________________________________________
SENIOR UNITED STATES DISTRICT JUDGE