Hickman v. Commissioner of Social Security

Filing 34

ORDER ADOPTING and AFFIRMING the REPORT AND RECOMMENDATION 32 in that Plaintiffs Statement of Errors is hereby OVERRULED, and the decision of the Commissioner of Social Security is AFFIRMED. Signed by Judge George C. Smith on 3/14/18. (sem)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF OHIO
EASTERN DIVISION

MICHAEL BRIAN HICKMAN,
Plaintiff,
v.

Case No.: 2:16-cv-859
JUDGE GEORGE C. SMITH
Magistrate Judge Vascura

COMMISSIONER OF SOCIAL SECURITY,
Defendant.

ORDER
This case is before the Court to consider the Report and Recommendation issued by the
Magistrate Judge on February 12, 2018. The Magistrate Judge recommended that Plaintiff’s
State of Errors be overruled and the decision of the Commissioner of Social Security be
affirmed. (See Report and Recommendation, Doc. 32). This matter is now before the Court on
Plaintiff’s Objections to the Magistrate Judge’s Report and Recommendation. (Doc. 33). The
Court will consider the matter de novo. See 28 U.S.C. § 636(b)(1); Fed. R. Civ. P. 72(b)(3).

Plaintiff objects to the Administrative Law Judge’s conclusion that Marc Miller, Ph.D.’s
findings were no supported by treating records. (Doc. 33, Pl.’s Obj. at 1). Plaintiff asserts that
in his original memorandum, he asserts that the record does not support the ALJ’s analysis and
conclusions on this issue. Plaintiff does not provide any further argument or evidence in support
of his objection but instead is relying primarily on the arguments she asserted in the Statement of
Errors.

The Court has carefully considered Plaintiff’s objection, but ultimately disagrees and
instead finds the ALJ’s analysis and conclusions persuasive. The ALJ assigned “little weight” to
Dr. Miller’s assessment finding it inconsistent with the record as a whole. As discussed in detail
in the Report and Recommendation, the Magistrate Judge found that even though the ALJ was
not required to explain the reasoning behind rejecting Dr. Miller’s opinion, he did. The Court
agrees with the Magistrate Judge’s analysis of the issue raised. The Magistrate Judge in her
Report and Recommendation provided a well-reasoned explanation as to why the ALJ’s decision
should be affirmed, including that the ALJ’s decision did not rest on discounting Dr. Miller’s
opinion, but rather, the ALJ carefully considered the records as a whole. Therefore, for the
reasons stated in the well-reasoned Report and Recommendation, this Court finds that Plaintiff’s
objection is without merit.
Based on the aforementioned and the detailed Report and Recommendation, the Court
finds that Plaintiff’s objection has been thoroughly considered and is hereby OVERRULED.
Accordingly, the Report and Recommendation, Document 32, is ADOPTED and AFFIRMED.
Plaintiff’s Statement of Errors is hereby OVERRULED, and the decision of the Commissioner
of Social Security is AFFIRMED.
The Clerk shall remove Documents 32 and 33 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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