Higgins v. Commissioner of Social Security

Filing 17

ORDER ADOPTING REPORT AND RECOMMENDATIONS and the decision of the Commissioner of Social Security is AFFIRMED. Final judgment is entered in favor of Defendant, the Commissioner of Social Security. Signed by Judge George C. Smith on 11/19/18. (sh)

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

JEREMY R.J. HIGGINS,
Plaintiff,
v.

Case No.: 2:17-cv-1152
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 October 24, 2018. The Magistrate Judge recommended that Plaintiff’s
Statement of Errors be overruled and the decision of the Commissioner of Social Security be
affirmed. (See Report and Recommendation, Doc. 15). This matter is now before the Court on
Plaintiff’s Objections to the Magistrate Judge’s Report and Recommendation. (Doc. 16). The
Court will consider the matter de novo. See 28 U.S.C. § 636(b)(1); Fed. R. Civ. P. 72(b)(3).
Plaintiff raises one main objection to the ALJ and Magistrate Judge’s findings: that the
ALJ failed to properly provide good reasons for rejecting the opinions of the treating physician.
Specifically, Plaintiff asserts that the ALJ’s reasoning for dismissing Plaintiff’s treating
physician’s opinions was not sufficient. Plaintiff states that Dr. Weiss, Plaintiff’s treating
physician for over 15 years, did provide sufficient documentation of the problems that the ALJ
suggests is missing from the record.

This objection presents the same issue already presented to, and carefully considered by,
the Magistrate Judge in the Report and Recommendation. Plaintiff has not presented any new
evidence or argument other than what was previously presented in his Statement of Errors.
Plaintiff merely disagrees with the ALJ and Magistrate Judge’s conclusions, specifically with
respect to consideration of Dr. Weiss’s opinions. The Court agrees with the Magistrate Judge’s
conclusions regarding the weight given to Dr. Weiss’s opinions by the ALJ. The ALJ provided
detailed reasoning for discrediting Dr. Weiss’s opinion.
The Court has carefully considered Plaintiff’s objection, but finds that the decision of the
ALJ was supported by substantial evidence as acknowledged in detail in the Magistrate Judge’s
Report and Recommendation. 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 15, 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 15 and 16 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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