Pluid v. Astrue

Filing 26

ORDER denying 17 Motion for Summary Judgment; granting 22 Motion for Summary Judgment; adopting Findings and Recommendations re 25 Findings and Recommendations. The Commissioner's decision is AFFIRMED. Signed by Chief Judge Dana L. Christensen on 4/15/2013. (dle)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MONTANA
MISSOULA DIVISION

PERCY E. PLUID,

CV 12–65–M–DLC–JCL
Plaintiff,
ORDER

vs.
CAROLYN W. COLVIN, Acting
Commissioner of Social Security,
Defendant.

In this case, which Plaintiff Percy E. Pluid brought under 42 U.S.C. §
405(g) seeking judicial review of the decision of the Commissioner of Social
Security, there are two pending motions for summary judgment. Plaintiff filed his
motion (doc. 17) on December 28, 2012, and Defendant filed his motion (doc. 22)
on February 26, 2013. United States Magistrate Judge Jeremiah C. Lynch entered
Findings and Recommendations on March 20, 2013. The parties did not file
objections and so have waived the right to de novo review. 28 U.S.C. § 636(b)(1).
The Findings and Recommendations are instead reviewed for clear error.
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McDonnell Douglas Corp. v. Commodore Bus. Mach., Inc., 656 F.2d 1309, 1313
(9th Cir. 1981). Clear error exists if the Court is left with a “definite and firm
conviction that a mistake has been committed.” United States v. Syrax, 235 F.3d
422, 427 (9th Cir. 2000).
Judge Lynch recommended that Pluid’s motion be denied and the
Commissioner’s motion be granted. Further he recommended that the
Commissioner’s decision be affirmed. Judge Lynch addressed the five-step
sequential evaluation process followed by the Commissioner to determine whether
a claimant is disabled. At the outset, Judge Lynch stated the standard of review
for a decision of the Commissioner of Social Security is limited by this Court. He
concluded that the Administrative Law Judge’s decision was based on substantial
evidence and free of legal error. There is no clear error in his findings or
recommendations.
IT IS ORDERED:
1. Judge Lynch’s Findings and Recommendation (doc. 25) are adopted in
full.
2. The motion for summary judgment by Pluid (doc. 17) is DENIED and
the motion for summary judgment by the Commissioner (doc. 22) is GRANTED.
3. The Commissioner’s decision is AFFIRMED.
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DATED this 15th day of April 2013.

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