Christopherson v. Colvin
Filing
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ORDERED that the # 32 R&R is accepted and adopted. Plaintiff's # 17 Motion to Remand is denied and Defendant's # 29 Cross-Motion to Affirm is granted. Clerk is directed to enter final judgment in favor of Defendant Carolyn W. Colvin, Commissioner of Social Security. Signed by Judge Miranda M. Du on 3/4/2014. (Copies have been distributed pursuant to the NEF - DRM)
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UNITED STATES DISTRICT COURT
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DISTRICT OF NEVADA
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LEWIS D. CHRISTOPHERSON,
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Plaintiff,
v.
CAROLYN W. COLVIN,
Commissioner of Social Security,
Case No. 3:13-cv-00114-MMD-VPC
ORDER ADOPTING AND ACCEPTING
REPORT AND RECOMMENDATION
OF UNITED STATES MAGISTRATE
JUDGE
Defendant.
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Before the Court is Magistrate Judge Valerie P. Cooke’s Report and
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Recommendation (“R&R”) (dkt. no. 32) regarding Plaintiff Lewis D. Christopherson’s
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Motion for Remand and/or Reversal (“Motion”) (dkt. no. 17) and Defendant Carolyn W.
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Colvin’s Opposition and Cross-Motion to Affirm (dkt. nos. 28, 29). Plaintiff replied to the
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Opposition and Cross-Motion (dkt. no. 30). Magistrate Judge Cooke issued the R&R on
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March 24, 2014, concluding that substantial evidence supports the Administrative Law
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Judge’s (“ALJ”) findings. (Dkt. no. 32 at 18-19.) Plaintiff timely filed an objection (dkt. no.
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33) to which Defendant responded (dkt. no. 34).
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This Court “may accept, reject, or modify, in whole or in part, the findings or
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recommendations made by the magistrate judge.” 28 U.S.C. § 636(b)(1). Where a party
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timely objects to a magistrate judge’s report and recommendation, then the court is
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required to “make a de novo determination of those portions of the [report and
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recommendation] to which objection is made.” 28 U.S.C. § 636(b)(1). In light of Plaintiff’s
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objection, the Court has engaged in a de novo review to determine whether to adopt
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Magistrate Judge Cooke’s R&R.
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The R&R finds that the ALJ’s decision to uphold the denial of Plaintiff’s disability
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claims was supported by substantial evidence in the record. The R&R provides a
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thorough and detailed explanation of the ALJ’s decision that can be used to address
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each of Plaintiff’s objections, which reiterate the arguments he raised in the Motion.
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First, Plaintiff argues that the ALJ failed to properly assess his residual functional
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capacity (“RFC”) because the ALJ gave improper weight to the opinions of a consultative
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examiner and a state agency reviewing physician. (Dkt. no. 33 at 3.) Plaintiff contends
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that the consultative examiner failed to review his entire medical record in carrying out
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his independent examination. (Id. at 4.) Plaintiff further argues that both the consultative
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examiner and the reviewing physician should have considered medical findings that
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were made after their examinations. (Id. at 4-5). Plaintiff, however, does not cite to any
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authority that requires examining physicians to review subsequent medical evidence.
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Rather, it is the SSA that must determine an applicant’s RFC by assessing the whole
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record, including all evidence and medical reports. 20 C.F.R. § 404.1545(a); see
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Vertigan v. Halter, 260 F.3d 1044, 1049 (9th Cir. 2001). The R&R discusses that in
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determining the RFC, the ALJ considered the entire record in addition to the subsequent
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medical findings of Plaintiff’s treating physicians. (Dkt. no. 32 at 8, 10-12.) The R&R
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concludes that the ALJ did not err in considering findings from the consultative examiner
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and the state agency physician as part of the RFC determination. (Id. at 13.) The Court
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agrees with the Magistrate Judge’s conclusion that substantial evidence supports the
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RFC determination.
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Second, Plaintiff contends that the ALJ improperly evaluated the credibility of his
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subjective complaints. (Dkt. no. 33 at 6-8.) The R&R notes that the ALJ found
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inconsistencies between Plaintiff’s subjective complaints regarding the severity of his
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symptoms, Plaintiff’s testimony about his daily activities, and the medical evidence. (Dkt.
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no. 32 at 16-18.) The Court agrees with the Magistrate Judge’s conclusion that these
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inconsistencies adequately support the ALJ’s credibility determination. (See id. at 18.)
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The R&R recommends that the Court deny Plaintiff’s Motion for Remand and/or
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Reversal (dkt. no. 17) and grant Defendant’s Cross-Motion to Affirm (dkt. no. 29). Upon
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review of the R&R and the record in this case, the Court determines that it is appropriate
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to adopt the R&R in full.
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It is hereby ordered that the R&R (dkt. no. 32) is accepted and adopted. Plaintiff’s
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Motion to Remand and/or Reverse (dkt. no. 17) is denied and Defendant’s Cross-Motion
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to Affirm (dkt. no. 29) is granted. The Clerk is directed to enter final judgment in favor of
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Defendant Carolyn W. Colvin, Commissioner of Social Security, pursuant to this Order.
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DATED THIS 4th day of March 2015.
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MIRANDA M. DU
UNITED STATES DISTRICT JUDGE
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