Sterner v. Astrue

Filing 23

ORDER ADOPTING FINDINGS AND RECOMMENDATIONS - denying 14 Motion for Summary Judgment and granting 17 Motion for Summary Judgment. Signed by Judge Dana L. Christensen on 4/30/2014. (APP, )

IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF MONTANA

MISSOULA DIVISION

ROCHELLE SMITH STERNER,

CV 12-208-M-DLC

Plaintiff,
ORDER
vs.

FILED

CAROL YN W. COLVIN, Acting
Commissioner of Social Security,

APR 3 0 2014
Clerk, u.s. District Court

Defendant.

District Of Montana
Missoula

Plaintiff Rochelle Smith Sterner brought this case under 42 U.S.C. § 405(g)
seeking judicial review of the Commissioner of Social Security's decision denying
her application for disability insurance benefits and supplemental security income.
Each party filed a motion for summary judgment, and United States Magistrate
Judge Jeremiah C. Lynch entered Findings and Recommendation on April 10,
2014. Judge Lynch recommended that: (1) Sterner's motion be denied; (2) the
Commissioner's motion be granted; and (3) the Commissioner's decision be
affirmed.
Sterner did not timely object to the Findings and Recommendation, and so
has waived her right to de novo review. 28 U.S.C. § 636(b)(1). The Court will
review the Findings and Recommendation for clear error. McDonnell Douglas

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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).
There is no clear error in Judge Lynch's Findings and Recommendation.
Judge Lynch did not clearly err in finding that the ALJ provided specific and
legitimate reasons for rejecting the opinions of Dr. White and Dr. Mahoney, and
reasonably crediting the opinion of Dr. Enright. Likewise, Judge Lynch did not
clearly err in finding that the ALJ cited clear and convincing reasons in support of
his adverse credibility determination regarding Sterner's testimony. Finally, Judge
Lynch did not clearly err in finding that the ALJ permissibly discounted Lea
Hamilton's statement, and that "because [Shalada] Bengston's statement largely
reiterated Sterner's own testimony, which the ALJ properly discredited, any error
on the ALJ's part in failing to provide additional reasons was harmless" (Doc. 21
at 19). Accordingly,
IT IS ORDERED that:
(1) Judge Lynch's Findings and Recommendation (Doc. 21) is
ADOPTED IN FULL;
(2) Plaintiffs motion for summary judgment (Doc. 14) is DENIED;
(3) Defendant's motion for summary judgment (Doc. 17) is GRANTED;

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(4) This case is now closed. The Clerk of Court is directed to enter
judgment in favor of the Defendant.

It.

Dated this ~() day of April, 2014.

Dana L. Christensen, Chief Judge
United States District Court

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