Horton v. Commissioner of Social Security

Filing 26

ORDER ADOPTING REPORT AND RECOMMENDATIONS re 24 Report and Recommendation in its entirety. The decision of the Commissioner is AFFIRMED and this matter is closed from the Court's docket. Signed by Judge S Arthur Spiegel on 4/18/2013. (km1)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF OHIO
WESTERN DIVISION

DONALD HORTON,

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Plaintiff,

v.

COMMISSIONER OF SOCIAL
SECURITY

NO. 1:11-CV-00090

ORDER

Defendant.
This
Judge’s

matter

Report

and

is

before

Recommendation

objections thereto (doc. 25).
the

Magistrate

the

Judge

Court

(doc.

on

24)

the
and

Magistrate
Plaintiff’s

In her Report and Recommendation,

recommends

that

the

decision

of

the

Administrative Law Judge (“ALJ”) denying Plaintiff’s application
for disability insurance benefits be affirmed and this case be
dismissed from the Court’s docket.
In

brief,

Plaintiff

filed

an

application

for

disability insurance benefits, alleging a disability onset of
December
disorder,

1,

1981,

high

due

blood

to

lumbar

pressure,

back

sinus

problems,

problems,

a

and

sleeping
diabetes.

The Administrative Law Judge (“ALJ”) determined that Plaintiff
suffered

from

residuals

of

a

lumbar

and

degenerative

lumbar disc disease through his date last insured.

However, the

1

strain

ALJ further determined that Plaintiff was not disabled under the
Social Security Act and that he had the residual functional
capacity to perform medium work.
Plaintiff argued that the ALJ erred when he failed to
find that Plaintiff suffered from depression and PTSD before
1986, when he failed to note the disability rating given by the
Veterans Administration, and when he found the Plaintiff capable
of medium work even though he has low back and leg pain and
questionable radiculopathy.
As required by 29 U.S.C. § 636(b) and Federal Rule of
Civil Procedure 72(b), the Court has reviewed the comprehensive
findings of the Magistrate Judge and considered de novo all of
the filings in this matter.

Upon thorough consideration of the

foregoing, the Court finds Plaintiff’s objections unpersuasive
and

determines

Recommendation

that
is

the

Magistrate

thorough,

Judge’s

well-reasoned

Report
and

and

correct.

Consequently, the Court ADOPTS and AFFIRMS it in its entirety
(doc. 24).

Accordingly, the decision of the Commissioner is

AFFIRMED and this matter is closed from the Court’s docket.
SO ORDERED.

Dated:

April 18, 2013

s/S. Arthur Spiegel________________
S. Arthur Spiegel
United States Senior District Judge

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