Murphy v. Commissioner of Social Security

Filing 19

ORDER. The Court ADOPTS the Magistrate Judge's Report and Recommendation (ECF 18 ) and AFFIRMS the Commissioner's decision. Signed by Judge Algenon L. Marbley on 3/4/2015. (pes1)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF OHIO
EASTERN DIVISION
APLONDA R. MURPY,
Plaintiff,
v.
CAROLYN W. COLVIN,
COMMISSIONER OF SOCIAL
SECURITY,
Defendant.

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Case No. 2:13-CV-730
JUDGE ALGENON L. MARBLEY
Magistrate Judge Kemp

ORDER

This matter is before the Court on the Report and Recommendation of the United States

Magistrate Judge recommending that the decision of the Commissioner of Social Security be
affirmed. (Doc. 18.). Movants were advised of their right to object to the Report and
Recommendation and of the consequences of their failure to do so. Nevertheless, there has been
no objection.
While Plaintiff addressed substantial evidence in her Statement of Errors (Doc. 11) and
her Reply Brief (Doc. 17) to support a disability finding different than the Administrative Law
Judge’s finding, Plaintiff did not prove why the Administrative Law Judge’s finding was
unsupported by substantial evidence, in accordance with the standard of review. 42 U.S.C. §
405(g) (“The findings of the Commissioner of Social Security as to any fact, if supported by
substantial evidence, shall be conclusive . . . .”); Buxton v. Halter, Comm’r of Soc. Sec., 246 F.3d
762 (6th Cir. 2001) (“The findings of the Commissioner are not subject to reversal merely
because there exists in the record substantial evidence to support a different conclusion.”). The
ALJ’s decision is supported by substantial evidence, and no argument is raised to the contrary, so
the Magistrate Judge’s Report and Recommendation is affirmed.
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This Court also disapproves of the ALJ’s use of a non-expert handwriting examination to
discredit Dr. Lee’s report. As the Magistrate Judge noted, however, other substantial evidence in
the record corroborated and even provided more probative evidence than Dr. Lee’s report, and
therefore the ALJ’s dismissal of Dr. Lee’s report is harmless error.
The Court therefore ADOPTS the Magistrate Judge’s Report and Recommendation and
AFFIRMS the Commissioner’s decision. This case is hereby DISMISSED.
IT IS SO ORDERED.
s/ Algenon L. Marbley
Algenon L. Marbley
United States District Judge
Dated: March 4, 2014

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