Carbone v. Social Security Administration

Filing 26

Judge Richard G. Stearns: ORDER entered adopting Report and Recommendations re 24 Report and Recommendations. "Consequently, the Recommendation is ADOPTED, plaintiff's motion to reverse or remand the decision of the Commissioner is DENIED, and the Commissioner's motion to affirm the decision of the ALJ is ALLOWED. The Clerk will enter judgment for the Commissioner and close the case. (Tang, Danni)

UNITED STATES DISTRICT COURT
DISTRICT OF MASSACHUSETTS
CIVIL ACTION NO. 18-10476-RGS
STEVEN CARBONE,
v.
ANDREW SAUL,
COMMISSIONER OF THE SOCIAL SECURITY ADMINISTRATION
ORDER ON REPORT AND RECOMMENDATION
OF THE MAGISTRATE JUDGE
September 17, 2019
STEARNS, D.J.
I agree with Magistrate Judge Cabell’s detailed analysis of the record
and his conclusion that the Commissioner correctly found that plaintiff was
not disabled at any time after February 1, 2007 (the last insured date), within
the meaning of the Social Security Act.

More specifically, I agree with

Magistrate Judge Cabell that the Administrative Law Judge (ALJ) conducted
a thorough investigation of a lengthy and complex medical record, and
properly focused at steps four and five of the analysis on the extent to which,
despite his inability to return to his past relevant work, Carbone was
nonetheless capable of performing other available jobs in the national
economy. In this regard, the ALJ carefully weighed the treatment records,

and more particularly, the reports and opinions of Drs. Carter and Koocher.
I also agree that at the step five determination, it was proper, indeed
desirable, for the ALJ to rely on the testimony of the vocational expert.
While I agree that the medical record is in some respects equivocal as to the
extent and severity of Carbone’s mental and social issues, there is substantial
support in the record and in the opinions of the medical experts that his
symptoms were well controlled by medication and that he retained the
Residual Functional Capacity to perform light work.

Consequently, the

Recommendation is ADOPTED, plaintiff’s motion to reverse or remand the
decision of the Commissioner is DENIED, and the Commissioner’s motion
to affirm the decision of the ALJ is ALLOWED. 1

The Clerk will enter

judgment for the Commissioner and close the case.
SO ORDERED.
/s/ Richard G. Stearns
________________________
UNITED STATES DISTRICT JUDGE

Carbone did not file an Objection to the Magistrate’s Report and
Recommendation.
1

2