Page v. Astrue

Filing 32

ORDER adopting Findings and Recommendations re 31 in full; denying 22 Motion for Summary Judgment; granting 25 Motion for Summary Judgment. The Commissioner's decision is AFFIRMED. Signed by Judge Dana L. Christensen on 12/9/2013. (TAG, )

IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF MONTANA

MISSOULA DIVISION

CV 12-174-M-DLC

DAVID A. PAGE,
Plaintiff,

ORDER
vs.

FILED

CAROLYN W. COLVIN, Acting
Commissioner of Social Security,

DEC 0 5 2013
Clerk. U,S, District Court
District Of Montana
Missoula

Defendant.

In this case, which Plaintiff David Page brought under 42 U.S.C. § 405(g)
seeking judicial review of the Acting Commissioner of Social Security's decision,
there are two pending motions for summary judgment. Mr. Page filed his motion
(Doc. 22) on August 12,2013, and the Commissioner filed her motion (Doc. 25)
on September 26, 2013.
United States'Magistrate Judge Jeremiah C. Lynch entered findings and
recommendations on November 18,2013. (Doc. 31.) 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.

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

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conviction that a mistake has been committed." United States v. Syrax, 235 F.3d
422, 427 (9th Cir. 2000).
Judge Lynch recommended that: (1) Page's motion be denied; (2) the
Commissioner's motion be granted; and (3) the Commissioner's decision be
affirmed. At the outset, Judge Lynch correctly stated that this Court's review for a
decision of the Commissioner of Social Security is limited. Judge Lynch then
addressed the five-step sequential evaluation process that the Commissioner uses
to determine whether a claimant is disabled. 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.
Accordingly, IT IS ORDERED:
1. Judge Lynch's findings and recommendations (Doc. 31) are adopted in full.

2. Page's motion for summary judgment (Doc. 22) is DENIED, and the
Commissioner's motion for summary jUdgment (Doc. 25) is GRANTED.
3. The Commissioner's decision is AFFIRMED.
Dated this

day of December, 2013.

..
Dana L. Christensen, Chief J dge
United States District Court
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