Titchbourne v. Astrue

Filing 26

ORDER ADOPTING FINDINGS AND RECOMMENDATIONS - denying 19 Motion for Summary Judgment and granting 22 Motion for Summary Judgment. Signed by Judge Dana L. Christensen on 1/31/2014. (APP, )

IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF MONTANA

MISSOULA DIVISION

CV 12-195-M-DLC

DAMON J. TITCHBOURNE,
Plaintiff,

ORDER
vs.

FILED

CAROLYN W. COLVIN, Acting
Commissioner of Social Security,

JAN 3 1 201~
Clerk. u.s District Court
District Of Montana
Missoula

Defendant.

United States Magistrate Judge Jeremiah C. Lynch entered his Findings and
Recommendation on November 25,2013, recommending that Defendant's motion
for summary judgement be granted, Plaintiffs 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 ofthe record. 28 U.S.C. § 636(b)(1). 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)..

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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
Commissioner's decision to deny Titchbourne's application for disability
insurance benefits and supplemental security income benefits. Judge Lynch did
not clearly err in finding that substantial evidence supported the ALl's
determination with respect to Titchbourne's mental impairments. Likewise, Judge
Lynch did not clearly err in fmding that the ALJ adequately documented her
application of the special technique when evaluating the severity of Titchboume' s
medically determinable mental impairments. Finally, Judge Lynch did not clearly
err in finding that the ALJ provided sufficient reasons for her evaluation of the
medical opinions.
Accordingly, IT IS ORDERED that Judge Lynch's Findings and
Recommendation (Doc. 25) are ADOPTED IN FULL. Plaintiff's motion for
summary judgment (Doc. 19) is DENIED. Defendant's motion for summary
judgment (Doc. 22) is GRANTED. This case is CLOSED.
Dated this

tlA
30 day of January 20

Dana L. Christensen, Chief Judge
United States District Court
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