James v. Social Security Administration

Filing 20

ORDER by Judge Ronald A. White : The Report and Recommendation of the United States Magistrate Judge is hereby AFFIRMED and ADOPTED as this court's Findings and Order. 18 Report and Recommendation (acg, Deputy Clerk)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF OKLAHOMA

SUSAN JAMES,
Plaintiff,
Case No. CIV-13-078-RAW-KEW
v.
CAROLYN W. COLVIN, Acting
Commissioner, Social Security
Administration,
Defendant,

ORDER
On February 14, 2014, the United States Magistrate Judge entered a Report and
Recommendation in the above-referenced case, recommending that this Court affirm the
Commissioner’s decision upholding on appeal the findings of the Administrative Law Judge
(“ALJ”), denying benefits to Plaintiff. Plaintiff filed an objection on February 28, 2014, reurging her arguments that the ALJ erred by referencing objective evidence when Plaintiff
suffered from fibromyalgia which gives rise only to subjective symptoms and by summarizing
the evidence in its credibility determination.
The ALJ’s decision was made at step five of the sequential disability evaluation. The
ALJ determined that Plaintiff suffers from severe impairments, but that she retains the residual
function capacity to perform a wide range of unskilled light work. Plaintiff argues that it simply
cannot be both ways, i.e., that the ALJ cannot determine that she is credible enough for her

doctors to determine that she suffers from fibromyalgia and then determine that she is not
credible enough to accept her assessment that she cannot work due to her symptoms. The court
disagrees.
The Magistrate Judge was correct that the inquiry does not end with the finding of a
severe impairment. The ALJ must then determine whether that impairment precludes work at
any exertion level. It does not follow, as Plaintiff suggests, that because fibromyalgia symptoms
are subjective, if an ALJ finds a claimant suffers from fibromyalgia, the ALJ must then conclude
that if the claimant says she cannot work, she cannot, effectively skipping the final step.
Upon full consideration of the entire record and the issues herein, this court finds that the
Magistrate Judge’s recommendation to affirm the ALJ is well-supported. The ALJ’s decision is
supported by substantial evidence, and the correct legal standards were applied. Accordingly, the
Report and Recommendation of the United States Magistrate Judge is hereby AFFIRMED and
ADOPTED as this court’s Findings and Order. The decision of the Commissioner upholding on
appeal the findings of the ALJ is affirmed.
IT IS SO ORDERED this 13th day of March, 2014.

Dated this 13th day of March, 2014.

J4h4i0

2