Clark v. Astrue
Filing
31
ORDER ADOPTING FINDINGS AND RECOMMENDATIONS - denying 17 Motion for Summary Judgment; granting 26 Motion for Summary Judgment. Signed by Judge Dana L. Christensen on 2/18/2014. (APP, )
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MONTANA
MISSOULA DIVISION
DON R. CLARK,
CV 12-191-M-DLC
Plaintiff,
ORDER
vs.
FILED
CAROL YN W. COLVIN, Acting
Commissioner of Social Security,
FEB 1 8 2014
Clerk. u.s. Oistrid Court
District Of Montana
Missoula
Defendant.
United States Magistrate Judge Jeremiah C. Lynch entered his Findings and
Recommendation on January 8, 2014, recommending that Defendant's motion for
summary judgment be granted, Plaintiff's motion for summary judgment be
denied, and that the Commissioner's decision be affirmed. Defendant did not
timely object to the Findings and Recommendation, and so has waived the right to
de novo review of the record. 28 U.S.C. § 636(b)(l). This Court will review the
Findings and Recommendation 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 conviction that a mistake has
been committed." United States v. Syrax, 235 F.3d 422,427 (9th Cir. 2000).
-1
There is no clear error in Judge Lynch's Findings and Recommendation.
Judge Lynch did not clearly err in finding that substantial evidence supported the
ALI's decision to deny Clark's application for disability insurance benefits and
that the ALI's decision was free of legal error. Judge Lynch did not clearly err in
finding that the ALI's application of the steps in the sequential evaluation process
was supported by substantial evidence and free of legal error. Likewise, Judge
Lynch did not clearly err in finding that the ALJ provided sufficient reasons for
rejecting, or giving little weight to, certain medical opinions while giving greater
weight to others. Judge Lynch did not clearly err in finding that the ALJ provided
sufficient reasons for making an adverse credibility determination with respect to
some of Clark's testimony. Judge Lynch did not clearly err in finding that the ALJ
adequately considered certain lay testimony. Finally, Judge Lynch did not clearly
err in rejecting Clark's contention that evidence Clark submitted to the Appeals
Council mandates reversal of the ALJ's decision.
Accordingly, IT IS ORDERED that Judge Lynch's Findings and
Recommendation (Doc. 30) are ADOPTED IN FULL. Plaintiff's motion for
summary judgment (Doc. 17) is DENIED. Defendant's motion for summary
judgment (Doc. 26) is GRANTED. This case is CLOSED.
DATED this
I~ day of February
Dana L. Christensen, Chief Juage
United States District Court
-3
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?