Richardson v. Commissioner of Social Security
ORDER ADOPTING and AFFIRMING the REPORT AND RECOMMENDATION 17 in that the Plaintiff's Objections and Statement of Errors are OVERRULED and the decision of the Commissioner of Social Security is AFFIRMED. Signed by Judge George C. Smith on 1/12/17. (sem)
IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF OHIO
CHARLES E. RICHARDSON,
Case No.: 2:15-cv-3049
JUDGE GEORGE C. SMITH
Magistrate Judge Jolson
CAROLYN W. COLVIN, ACTING
COMMISSIONER OF SOCIAL SECURITY,
On November 17, 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.
Plaintiff’s objections primarily restate the arguments he previously asserted in the
Statement of Errors, including that the Administrative Law Judge erred in failing to find that his
symptoms and conditions satisfied Listing 1.04A for disorders of the spine. Both the
Commissioner and the Magistrate Judge agree that the ALJ improperly considered the
relationship between Listing 1.04A and Listing 11.00, however, this consideration was harmless.
Plaintiff still had the burden to show that the Listing was met and the Magistrate Judge agreed
with the ALJ’s finding that the evidence presented by Plaintiff only established that it was
intermittent. Plaintiff counters that the intermittent findings do not automatically bar application
of Listing 1.04A to his claim. The Court has carefully considered Plaintiff’s arguments, and the
evidence referenced by both the ALJ and the Magistrate Judge, and agrees that Plaintiff has not
satisfied the durational requirement.
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
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
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