Smith v. Commissioner of Social Security

Filing 19

ORDER ADOPTING REPORT AND RECOMMENDATIONS for 18 Report and Recommendations, 16 Motion to Affirm filed by Commissioner of Social Security Signed by District Judge William H. Barbour, Jr on 8/18/16 (MGB)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF MISSISSIPPI
NORTHERN DIVISION
SHAMEKA L. SMITH

PLAINTIFF

VS.

CIVIL ACTION NO. 3:15-cv-106-WHB-JCG

COMMISSIONER OF SOCIAL SECURITY

DEFENDANT

OPINION AND ORDER
This

cause

is

before

the

Court

on

the

Report

and

Recommendation (“R and R”) of United States Magistrate Judge John
C. Gargiulo.

In his R and R, Judge Gargiulo recommends that the

decision of the Commission of Social Security to deny Shameka L.
Smith’s

applications

for

Supplemental

Disability Insurance Benefits be affirmed.

Security

Income

and

After considering the

R and R1, the other pleadings in this case, as well as relevant
authorities, the Court finds the R & R should be adopted in its
entirety.

I. Discussion
In

December

applications

for

of

2009,

Shameka

Supplemental

L.

Security

Disability Insurance Benefits (“DIB”).

Smith

(“Smith”)

Income

(“SSI”)

filed
and

Following the initial

denial of both applications, Smith requested an administrative
1

The parties were required to file objections to the R and
R on or before August 15, 2016. No objections were filed.

hearing.

The hearing was conducted by Administrative Law Judge

Mary Ellis Richardson who, on May 25, 2012, entered a decision
denying Smith’s SSI and DIB claims.

The Appeals Counsel granted

Smith’s request for review. On December 17, 2014, the Appeals
Counsel affirmed ALJ Richardson’s decision thereby rendering it the
final decision in the matter.
Thereafter, Smith filed a Complaint in this Court seeking
judicial review of the final decision of the Social Security
Commissioner.
(1)

the

ALJ

In her brief, Smith assigned the following errors:
erred

in

evaluating

the

credibility

of

Smith’s

testimony; (2) the ALJ erred in evaluating Smith’s obesity; (3) the
ALJ bolstered her opinion by using purely boilerplate language; (4)
the ALJ erred in finding Smith could return to her past work; and
(5) the ALJ erred by not according proper weight to evidence
submitted by Smith’s mother.

The matter came before United States

Magistrate

Judge John C. Gargiulo who, after considering the

pleadings

including

Smith’s

assignments

of

error,

the

administrative record, and relevant authorities, found there was
substantial

evidence

to

support

the

ALJ’s

credibility

determinations as well as her decisions regarding whether Smith
could return to work and the weight to be afforded the testimony of
Smith’s relatives.

See R and R [Docket No. 18], 10-11, 13-16.

Judge Gargiulo additionally found that Smith’s arguments that the
ALJ had erred in evaluating her obesity or by using boilerplate

2

language in her decision lacked merit.

Id. at 11-13.

Based on

these findings, Judge Gargiulo recommended that Defendant’s Motion
to Affirm Commissioner’s Decision be granted.

Id. at 16.

A district judge has authority to review a magistrate judge’s
report and recommendation on disposive motions, and is required to
make a de novo determination of any portion of a report and
recommendation to which a specific written objection is made.
28 U.S.C. § 636(b); FED. R. CIV. P. 72(b).

See

Thereafter, the district

judge may accept, reject, or modify the recommendation of the
magistrate; receive further evidence in the case; or recommit the
matter to the magistrate with further instructions.

Id.

No

objections to Judge Gargiulo’s R and R have been raised.
Having reviewed the R and R, to which no objections were
raised,

the

Court

agrees

that

Defendant’s

Motion

to

Affirm

Commissioner’s Decision should be granted for the reasons stated by
Judge Gargiulo. Accordingly, the Court will adopt Judge Gargiulo’s
R

and

R

recommending

Commissioner’s Decision.

the

granting

of

Motion

to

Affirm

As the granting of the Motion to Affirm

Commissioner’s Decision will end judicial review in this Court, a
final judgment dismissing this case will be entered.

II.

Conclusion

For the foregoing reasons:

3

IT IS THEREFORE ORDERED that the July 29, 2016, Report and
Recommendation of United States Magistrate Judge John C. Gargiulo
[Docket No. 18], is hereby adopted as the ruling of this Court.
IT IS FURTHER ORDERED that Defendant’s Motion to Affirm
Commissioner’s Decision [Docket No. 16] is hereby granted. A Final
Judgment dismissing this case shall be entered this day.
SO ORDERED this the 18th day of August, 2016.

s/ William H. Barbour, Jr.
UNITED STATES DISTRICT JUDGE

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