Berry v. Commissioner of Social Security

Filing 11

ORDER ADOPTING REPORT AND RECOMMENDATIONS for 7 Report and Recommendations. The Court does not find any prejudicial error and concludes that the evidence supports the ALJ's conclusion that Plaintiff is able to work and is not disabled. Accordingly, the decision of the Commissioner is AFFIRMED. This case is DISMISSED from the docket. Signed by Chief Judge Susan J. Dlott on 9/8/10. (sct1)

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF OHIO WESTERN DIVISION Ruby J. Berry, Plaintiff(s), vs. Michael J. Astrue, Commissioner of Social Security, Defendant(s). : : : : : : : : : ORDER This matter is before the Court pursuant to the Order of General Reference in the United States District Court for the Southern District of Ohio Western Division to United States Magistrate Judge Timothy S. Hogan. Pursuant to such reference, the Magistrate Judge reviewed the pleadings and filed with this Court on June 18, 2010 a Report and Recommendation (Doc. 7). Subsequently, the plaintiff filed objections to such Report and Recommendation (Doc. 8), defendants filed a response to the objections (Doc. 9) and plaintiff filed a reply to the response (Doc. 10). The Court has reviewed the comprehensive findings of the Magistrate Judge and considered de novo all of the filings in this matter. Upon consideration of the foregoing, the Court does determine that such Recommendation should be adopted. The Court does not find any prejudicial error and concludes that the evidence supports the ALJ"s conclusion that Plaintiff is able to work and is not disabled.

Case Number: 1:09cv411 Chief Judge Susan J. Dlott

Accordingly, the decision of the Commissioner is AFFIRMED. This case is DISMISSED from the docket. IT IS SO ORDERED.

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___s/Susan J. Dlott___________ Chief Judge Susan J. Dlott United States District Court