Brauninger v. Commissioner of Social Security

Filing 16

DECISION AND ENTRY ADOPTING THE REPORT AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE (Doc. 13 ), OVERRULING PLAINTIFF'S OBJECTIONS (Doc. 14 ), AND TERMINATING THIS CASE IN THIS COURT. Signed by Judge Timothy S. Black on 3/22/18. (jlm)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF OHIO
WESTERN DIVISION
LISA BRAUNINGER,
Plaintiff,
vs.
COMMISSIONER OF SOCIAL
SECUARITY,
Defendant.

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Case No. 1:16-cv-926
Judge Timothy S. Black
Magistrate Judge Stephanie K.
Bowman

DECISION AND ENTRY
ADOPTING THE REPORT AND RECOMMENDATION
OF THE UNITED STATES MAGISTRATE JUDGE (Doc. 13),
OVERRULING PLAINTIFF’S OBJECTIONS (Doc. 14),
AND TERMINATING THIS CASE IN THIS COURT
This case is before the Court pursuant to the Order of General Reference to
United States Magistrate Judge Stephanie K. Bowman. Pursuant to such reference,
the Magistrate Judge reviewed the pleadings filed with this Court, and, on November 3,
2017, submitted a Report and Recommendation. (Doc. 13). Plaintiff timely filed
objections. (“Objections,” Doc. 14). 1 Defendant filed a response to the Objections.
(Doc. 15).

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Plaintiff’s Objections are not well-taken. First, the Objections restate Plaintiff’s argument that
the Administrative Law Judge (“ALJ”) erred in determining that Plaintiff’s low back condition
did not meet or equal the requirements of Listing 1.04(A). (Doc. 14 at 2-6). The Court agrees
with the Magistrate Judge that the ALJ’s determination that Plaintiff does not have an
impairment that meets or equals Listing 1.04(A) is supported by substantial evidence. (See Doc.
13 at 6-15). Second, the Objections restate Plaintiff’s argument that the ALJ improperly
weighed evidence in formulating Plaintiff’s residual functioning capacity. (Doc. 14 at 6-9). The
Court agrees with the Magistrate Judge that the ALJ properly determined that the testimony of
Plaintiff’s treating physicians that Plaintiff would need to lie down periodically during the day
was not “well supported” by the record, and accordingly, the ALJ did not err in refusing to give
such testimony controlling weight. (Doc. 14 at 16-24; see also Doc. 8-1 at 28-36).

As required by 28 U.S.C. § 636(b) and Fed. R. Civ. P. 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 consideration of the foregoing, the Court does
determine that such Report and Recommendation should be and is hereby adopted in its
entirety. Accordingly:
1.

The Report and Recommendation (Doc 13) is ADOPTED;

2.

Plaintiff’s Objection (Doc. 14) is OVERRULED;

3.

The Commissioner’s decision is AFFIRMED; and

4.

The Clerk shall enter judgment accordingly, whereupon this case is
TERMINATED on the docket of this Court.

IT IS SO ORDERED.
Date:

3/22/18

Timothy S. Black
United States District Judge

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