Rush v. Colvin

Filing 17

ORDER adopting 14 Report and Recommendation; denying 9 Motion for Summary Judgment; granting 11 Motion to Affirm. Signed by District Judge Carlton W. Reeves on 08/12/2015. (AC)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF MISSISSIPPI
NORTHERN DIVISION
ALICE RUSH

PLAINTIFF

V.

CAUSE NO. 3:14-CV-496-CWR-FKB

CAROLYN W. COLVIN, Commissioner,
United States Social Security Administration

DEFENDANT

ORDER
Before the Court is the plaintiff’s objection to the Magistrate Judge’s Report and
Recommendation (R&R). Docket No. 15. The R&R recommends affirming the Commissioner’s
denial of Supplemental Security Income. Docket No. 14.
The Court has reviewed de novo the portions of the R&R to which the plaintiff has
objected. 28 U.S.C. § 636(b). It finds that remand is not warranted. Although the ALJ ideally
would have applied the Newton factors in evaluating Dr. Soriano’s opinion, see Newton v. Apfel,
209 F.3d 448, 456 (5th Cir. 2000) and 20 C.F.R. § 404.1527(c), such an analysis may not have
been necessary in this circumstance. The Fifth Circuit has found that the Newton factors need not
be explicitly considered where, as here, the ALJ credits contradictory evidence from another
treating or examining physician. Qualls v. Astrue, 339 F. App’x 461, 466-67 (5th Cir. 2009)
(unpublished).
Accordingly, this Court adopts the R&R’s findings and conclusions as its own, grants the
Commissioner’s motion to affirm, and denies the plaintiff’s motion for summary judgment. A
separate Final Judgment will issue this day.
SO ORDERED, this the 12th day of August, 2015.

s/ Carlton W. Reeves
UNITED STATES DISTRICT JUDGE