Rector v. Social Security Administration

Filing 23

OPINION AND ORDER by Judge John E Dowdell ; dismissing/terminating case (terminates case) ; accepting 22 Report and Recommendation (Re: 2 Social Security Complaint ) (SAS, Chambers)

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IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF OKLAHOMA SHANON R. RECTOR, Plaintiff, v. CAROLYN W. COLVIN, Acting Commissioner of the Social Security Administration, Defendant. ) ) ) ) ) ) ) ) ) ) ) Case No. 13-CV-253-JED-PJC OPINION AND ORDER Before the Court is the Report and Recommendation (“R&R”) of United States Magistrate Judge Paul Cleary (Doc. 22). In the R&R, Judge Cleary recommends that the Court affirm the decision of the Commissioner of the Social Security Administration (“Commissioner”) denying benefits under Titles II and XVI of the Social Security Act, 42 U.S.C. § 401 et seq. The denial of benefits to plaintiff was premised upon a finding that she was not disabled. After meticulously summarizing the record, including plaintiff’s medical records (Doc. 22 at 122), Judge Cleary concluded that the Commissioner’s determination was supported by substantial evidence and that the Commissioner applied the correct legal standards (id. at 22-34). Judge Cleary analyzed each of the arguments made by plaintiff on appeal. (See id. at 24-34). A district court must determine de novo any part of a Report and Recommendation that has been properly objected to, and “may accept, reject, or modify the recommended disposition; receive further evidence; or return the matter to the magistrate judge with instructions.” Fed. R. Civ. P. 72(b)(3). The time for filing objections to the R&R has expired, and no objections were filed. The Court has conducted an independent review of the record and the filings in this case and determines that the R&R accurately summarizes the record and properly applies governing law. Accordingly, the Court hereby adopts the R&R as the Court’s findings and conclusions. IT IS THEREFORE ORDERED that the Report and Recommendation (Doc. 22) is hereby accepted, and the Commissioner’s decision is affirmed. A separate judgment will be entered forthwith. SO ORDERED this 21st day of May, 2014. 2

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