Mang v. Colvin

Filing 26

ORDER Accepting 22 Report and Recommendation, Plaintiff's 14 Motion is Denied and Defendant's 17 Cross-Motion is Granted, the Administrative Law Judge's Decision is Affirmed, and This Case is Dismissed. The Clerk of Court Shall Enter Judgment. Signed by Judge Andrew P. Gordon on 3/18/2015. (Copies have been distributed pursuant to the NEF - DC)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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MICHAEL MANG,

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Case No. 2:13-CV-1302-APG-GWF
Plaintiff,

v.
CAROLYN W. COLVIN, Acting
Commissioner of Social Security,

Order Accepting Magistrate Judge’s
Recommendation
(Dkt. ##14, 17, 22)

Defendant.

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Plaintiff Michael Mang appeals from defendant Carolyn W. Colvin’s decision to deny
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social security disability benefits to Mang. Mang filed a motion to remand. (Dkt. #14.) Colvin
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opposed the motion to remand and cross-moved to affirm. (Dkt. #17.)
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In his motion to remand, Mang argues that the administrative law judge (“ALJ”)
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improperly rejected the opinion of Mang’s treating physician when determining disability.
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Magistrate Judge Foley issued a Report & Recommendation recommending I deny Mang’s
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motion. (Dkt. #22.) Judge Foley reasoned that there is substantial evidence in the record to
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support the ALJ’s decision to reject the opinion from Mang’s treating physician, including
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contrary opinions from other medical providers. Judge Foley found that the ALJ applied the
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proper legal standards and substantial evidence supported the ALJ’s decision that Mang is not
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entitled to disability benefits. Mang objects to Judge Foley’s recommendation but primarily
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restates his arguments raised in his motion to remand. (See Dkt. #23.)
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Having reviewed the documents on file, I accept the Report & Recommendation, deny the
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motion to remand, and grant the cross-motion to affirm. I have conducted a de novo review of
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the issues pursuant to Local Rule IB 3-2. Judge Foley’s Report & Recommendation sets forth the
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proper legal analysis and the factual bases for the decision. Therefore,
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IT IS HEREBY ORDERED that Judge Foley’s Report & Recommendation (Dkt. #22) is
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accepted, plaintiff Michael Mang’s Motion (Dkt. #14) is DENIED, Defendant Carolyn W.
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Colvin’s Cross-Motion (Dkt. #17) is GRANTED, the administrative law judge’s decision is

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affirmed, and this case is DISMISSED. The clerk of the court shall enter Judgment accordingly.

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DATED this 18th day of March, 2015.

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ANDREW P. GORDON
UNITED STATES DISTRICT JUDGE

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