Carr v. Social Security Administration

Filing 25

ORDER by District Judge James H. Payne: Denying 22 the Report and Recommendation and decision of the Commissioner be AFFIRMED.(acg, Deputy Clerk)

IN THE UNITED STATES DISTRICT COURT FOR THE
EASTERN DISTRICT OF OKLAHOMA
CARLA LEE CARR,

Plaintiff,
v.
NANCY A. BERRYHILL, Acting
Commissioner of the Social
Security Administration,

Defendant.

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Case No. CIV-16-129-JHP-KEW

ORDER DENYING THE REPORT AND
RECOMMENDATION OF THE UNITED STATES
MAGISTRATE JUDGE

On August 29, 2017, the United States Magistrate Judge entered a Report and
Recommendation in regard to Plaintiff’s request for judicial review of the decision of the
Commissioner of the Social Security Administration. The Magistrate Judge recommended that the
decision of the Administrative Law Judge be reversed and remanded. The plaintiff has filed an
objection to the Magistrate Judge’s Report and Recommendation within the time prescribed by law.
28 U.S.C. §636(b)(1); Fed. R. Civ. P. 72(a). Because the Commissioner has filed specific written
objections to the Magistrate Judge’s Report and Recommendation, this court is “statutorily and
constitutionally required” to undertake a de novo review of the issues to which the Commissioner
has objected. Summers v. State of Utah, 927 F.2d 1165, 1167 (10th Cir. 1991) (citations omitted); see
Fed..R.Civ.P. 72(b)(3); 28 U.S.C. §636(b). Such de novo review requires the court to not only
review the Magistrate Judge’s Report and Recommendation, but also to conduct a de novo review

of the relevant evidence of record and the law cited by the Commissioner. In re Griego, 64 F.3d 580,
584 (10th Cir. 1995).
After a de novo review of the record and the law cited by the Commissioner the court finds
Plaintiff did not meet the disability requirements of the Social Security Act, and the Report and
Recommendation of the Magistrate Judge is not supported by the record. Therefore, the court finds
and orders that the Report and Recommendation entered by the United States Magistrate Judge on
August 29, 2017, be DENIED and the decision of the Commissioner be AFFIRMED.

IT IS SO ORDERED this 28th day of September, 2017.

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