Shaw v. Commissioner of Social Security

Filing 20

ORDER adopting re 17 Report and Recommendations. Signed by Judge George C. Smith on 10/11/2016. (kk)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification [Rebecca Shaw @ 841 Westphal Ave, Whitehall OH 43213])

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IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF OHIO EASTERN DIVISION REBECCA SHAW, Plaintiff, vs. Case No.: 2:15-cv-3033 JUDGE GEORGE C. SMITH Magistrate Judge Jolson CAROLYN W. COLVIN, ACTING COMMISSIONER OF SOCIAL SECURITY, Defendant. ORDER On September 1, 2016, the United States Magistrate Judge issued a Report and Recommendation recommending that Plaintiff’s statement of errors be overruled and that judgment be entered in favor of the Defendant, the Commissioner of Social Security. (See Report and Recommendation, Doc. 17). This matter is now before the Court on Plaintiff’s Objections to the Magistrate Judge’s Report and Recommendation. (Doc. 18). Defendant has replied. The Court will consider the matter de novo. See 28 U.S.C. § 636(b)(1); Fed. R. Civ. P. 72(b)(3). Plaintiff’s objections primarily restate the arguments she previously asserted in the Statement of Errors, including that the Administrative Law Judge ultimately determined that Plaintiff was not disabled and could work. Plaintiff asserts that “[i]f I were able to work, I would be working!” (Doc. 18, Pl.’s Objs. at 4). Plaintiff also appears to challenge the Magistrate Judge’s conclusion that the ALJ’s findings regarding Plaintiff’s credibility should be given deference. However, the Administrative Law Judge has the opportunity to observe a witness’s demeanor while testifying and therefore those credibility determinations are given great weight and deference. See Buxton v. Halter, 246 F.3d 762, 773 (6th Cir. 2001). Plaintiff’s objections are not new challenges, and all of the issues raised were carefully considered by both the ALJ and the Magistrate Judge in the Report and Recommendation. Plaintiff does argue that her condition is getting worse, however, the Court has carefully reviewed the record and there is not documentation that Plaintiff’s impairments prevent her from working. The Court has carefully considered all of Plaintiff’s arguments raised in her Statement of Errors and the Objections to the Magistrate Judge’s Report and Recommendation. The Court agrees with the Magistrate Judge’s analysis of the issues raised. For the reasons stated in the well-reasoned Report and Recommendation, this Court finds that Plaintiff’s objections are without merit. Based on the aforementioned and the detailed Report and Recommendation, the Court finds that Plaintiff’s objections have been thoroughly considered. Accordingly, the Report and Recommendation, Document 17, is ADOPTED and AFFIRMED. Plaintiff’s Objections are hereby OVERRULED. Plaintiff’s Statement of Errors is hereby OVERRULED, and the decision of the Commissioner of Social Security is AFFIRMED. The Clerk shall remove Documents 17 and 18 from the Court’s pending motions list, and enter final judgment in favor of Defendant, the Commissioner of Social Security. IT IS SO ORDERED. /s/ George C. Smith__________________ GEORGE C. SMITH, JUDGE UNITED STATES DISTRICT COURT 2

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