BOWEN v. SOCIAL SECURITY ADMINISTRATION COMMISSIONER

Filing 23

ORDER AFFIRMING THE RECOMMENDED DECISION adopting 20 Report and Recommended Decision re 13 Social Security Brief by JUSTIN CHARLES RUSSELL BOWEN, SR By JUDGE LANCE E. WALKER. (clp)

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

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No. 2:23-cv-00305-LEW

ORDER AFFIRMING RECOMMENDED DECISION
On April 24, 2024, United States Magistrate Judge Karen Frink Wolf filed with the
court, with copies to counsel, her Report and Recommended Decision (ECF No. 20).
Plaintiff objects to the Magistrate Judge’s conclusion that the administrative law judge’s
(“ALJ’s”) treatment of a functional capacity opinion offered by Plaintiff’s physical
therapist was supported by substantial evidence and in keeping with the ALJ’s duty to
resolve conflicts of evidence. The matter of the appropriate weight to assign to the physical
therapist’s opinion is the solitary point of error raised in Plaintiff’s pleadings.
I have reviewed and considered the Recommended Decision, Plaintiff’s Objection
(ECF No. 21), the Commissioner’s Response, and the relevant portions of the record that
inform Plaintiff’s claim or error. Considering the matter de novo, I concur with the
recommendation 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. The Commissioner’s decision is AFFIRMED.
SO ORDERED.
Dated this 28th day of August, 2024.
/s/ Lance E. Walker
Chief U.S. District Judge

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