Hammer v. Commissioner of Social Security

Filing 18

ORDER Adopting and Affirming 15 the Report and Recommendations. 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 1/9/19. (sh)

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

GREG A. HAMMER,
Plaintiff,
v.

Case No.: 2:18-cv-223
JUDGE GEORGE C. SMITH
Magistrate Judge Jolson

COMMISSIONER OF SOCIAL SECURITY,
Defendant.

ORDER
This case is before the Court to consider the Report and Recommendation issued by the
Magistrate Judge on November 21, 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).
Defendant has also filed a response. (Doc. 17). 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 evaluate the opinions of Dr. Brantley. Specifically, Plaintiff argues that
Dr. Mumma’s opinions and statements do not contradict Dr. Brantley’s findings that Plaintiff can
not work due to his problems with syncope, and therefore Dr. Mumma’s findings cannot be
relied on as substantial evidence discrediting Dr. Brantley’s opinions.

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 the lack of weight given to Dr. Brantley’s opinions. The Court agrees with the
Magistrate Judge’s conclusions regarding the rejection of Dr. Brantley’s opinions. The ALJ
gave sufficient reasons for the weight given to the treating physicians.
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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