BOOTH v. SOCIAL SECURITY ADMINISTRATION COMMISSIONER

Filing 19

ORDER AFFIRMING RECOMMENDED DECISION 16 Report and Recommendations re: re: 9 Social Security Statement of Errors/Fact Sheet By JUDGE LANCE E. WALKER. (CJD) Modified on 3/19/2019 to correct docket text (jwr).

UNITED STATES DISTRICT COURT
DISTRICT OF MAINE
DAVIS B.,
Plaintiff
v.
SOCIAL SECURITY ADMINISTRATION
COMMISSIONER,
Defendant

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1:18-CV-00009-LEW

ORDER AFFIRMING RECOMMENDED DECISION
On February 8, 2019, the United States Magistrate Judge filed with the court, with
copies to counsel, his Report and Recommended Decision. The plaintiff filed an objection
to the Recommended Decision on February 22, 2019.
Plaintiff maintains the Magistrate Judge should have recommended vacatur and
remand because, at step 3, the ALJ discussed elements of mental listings that were not
specifically addressed by the experts of record and, for purposes of the RFC finding, the
ALJ relied in part on a consultative examination source statement that Plaintiff has the
mental functional capacity to perform unskilled work, but credited to some extent
Plaintiff’s subjective report of symptoms. The gist of Plaintiff’s objection is that, because
his Title II claim was regarded as unsubstantiated by every expert who examined Plaintiff
or reviewed the record in view of applying social security disability standards, the ALJ was
obligated to either agree or else call another expert to propose step 3 and RFC findings. I
am not persuaded by this contention. Every case must be contextualized in its record, and

Plaintiff has failed to demonstrate that the record underlying his claim warrants a favorable
finding at step 3, let alone a more favorable RFC finding.
Having reviewed and considered the Recommended Decision, together with the
entire record, I have made a de novo determination of all matters adjudicated by the
Recommended Decision; and I concur with the recommendations of the United States
Magistrate Judge for the reasons set forth in the Recommended Decision, and determine
that no further proceeding is necessary.
It is therefore ORDERED that the Recommended Decision of the Magistrate Judge
is hereby AFFIRMED and ADOPTED.
SO ORDERED.
Dated this 19th day of March, 2019.
/s/ Lance E. Walker
U.S. DISTRICT JUDGE

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