Woods v. Colvin

Filing 35

ORDER: Plaintiff's objections to the M&R [D.E. 34] are OVERRULED, plaintiff's motion for judgment on the pleadings [D.E. 26] is DENIED, defendant's motion for judgment on the pleadings [D.E. 27] is GRANTED, defendant's final decision is AFFIRMED, and this action is DISMISSED. The clerk shall close the case. Signed by Chief Judge James C. Dever III on 1/20/2016. (Jenkins, C.)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF NORTH CAROLINA
SOUTHERN DNISION
No. 7:14-CV-220-D
MAGGIE JANE WOODS,

)
)

Plaintiff,

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v.

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ORDER

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CAROLYNW.COLVIN,
)
Acting Commissioner of Social Security, )
)

Defendant.

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On December 2, 2015, Magistrate Judge Gates issued a Memorandum and Recommendation
("M&R") [D.E. 30]. In that M&R, Judge Gates recommended that this court deny plaintiff's motion
for judgment on the pleadings [D .E. 26], grant defendant's motion for judgment on the pleadings [D.E.
27], and affirm defendant's final decision. On December 30, 2015, plaintiff filed objections to the
M&R [D.E. 34].
"The Federal Magistrates Act requires a district court to make a de novo determination ofthose
portions of the magistrate judge's report or specified proposed findings or recommendations to which
objection is made." Diamond v. Colonial Life & Accident Ins. Co., 416 F.3d 310, 315 (4th Cir. 2005)
(emphasis, alteration, and quotation omitted); see 28 U.S.C. § 636(b). Absent a timely objection, "a
district court need not conduct a de novo review, but instead must only satisfy itself that there is no
clear error on the face of the record in order to accept the recommendation." Diamond, 416 F.3d at
315 (quotation omitted).
The court has reviewed the M&R, the record, and plaintiff's objections. As for those portions
of the M&R to which plaintiff made no objection, the court is satisfied that there is no clear error on
the face of the record.

The court has reviewed de novo the portions of the M&R to which plaintiff objected. The
scope ofjudicial review of a final decision regarding disability benefits under the Social Security Act,
42 U.S.C. § 405(g), is limited to determining whether substantial evidence supports the
Commissioner's factual findings and whether the Commissioner applied the correct legal standards.
See, e.g., Walls v. Barnhart,296F.3d287,290 (4thCir. 2002); Hays v. Sulliv~ 907 F.2d 1453, 1456
(4th Cir. 1990). Substantial evidence is evidence which a "reasonable mind might accept as adequate
to support a conclusion." Richardson v. Perales, 402 U.S. 389, 401 (1971) (quotation omitted). It
"consists of more than a mere scintilla of evidence but may be less than a preponderance." Smith v.
Chater, 99 F.3d 635,638 (4th Cir. 1996). This court may not reweigh the evidence or substitute its
judgment for that of the Commissioner.

See,~.

Hays, 907 F.2d at 1456. Rather, in determining

whether substantial evidence supports the Commissioner's decision, the court's review is limited to
whether the Commissioner analyzed the relevant evidence and sufficiently explained her findings and
rationale concerning the evidence.

See,~.

Sterling Smokeless Coal Co. v. Akers, 131 F.3d 438,

439-40 (4th Cir. 1997).
Plaintiff's objections restate the arguments made to Judge Gates concerning the ALJ' s analysis
of the weight given to plaintiffs' treating physicians and psychologists, the VE's testimony, and the
RFC. Compare [D.E. 34] 2-9 with [D.E. 26-1] 9-17. However, both Judge Gates and the AU applied
the proper legal standards. See [D.E. 30]. Moreover, substantial evidence supports the ALJ' s analysis.
See id. Accordingly, the court adopts the M&R and overrules the objections.
In sum, plaintiff's objections to the M&R [D.E. 34] are OVERRULED, plaintiff's motion for

judgment on the pleadings [D.E. 26] is DENIED, defendant's motion for judgment on the pleadings
[D.E. 27] is GRANTED, defendant's final decision is AFFIRMED, and this action is DISMISSED.
The clerk shall close the case.
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SO ORDERED. This 2.0 day of January 2016.

Chief United States District Judge

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