Dake v. Astrue

Filing 15

ORDER ADOPTING REPORT AND RECOMMENDATION for 13 Report and Recommendation. Decision of the Commissioner to deny plaintiff's application for disability insurance benefits is affirmed. Signed by Honorable Tim Leonard on 05/03/13. (jy)

IN THE UNITED STATES DISTRICT COURT FOR THE
WESTERN DISTRICT OF OKLAHOMA
DONALD L. DAKE,
Plaintiff,
v.
CAROLYN W. COLVIN,
Acting Commissioner of Social
Security Administration,
Defendant.

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Case No. CIV-12-517-L

ORDER
On March 15, 2013, Magistrate Judge Gary M. Purcell entered a Report
and Recommendation in this action brought by plaintiff Donald L. Dake pursuant
to 42 U.S.C. §405(g) for judicial review of the defendant Commissioner of the
Social Security Administration’s (Commissioner’s) final decision denying
plaintiff’s application for disability insurance benefits under Title II of the Social
Security Act, 42 U.S.C. §§ 416(i), 423. The Magistrate Judge recommended
that the Commissioner’s decision be affirmed.
The court file reflects that plaintiff timely filed his Objection to Report &
Recommendation, which the court has carefully considered. Upon review, the
court finds that plaintiff's objections are insufficient to justify overturning the
conclusions of the Magistrate Judge in this matter.
The court finds that the Magistrate Judge properly found that plaintiff
failed to show that the ALJ erred in assessing plaintiff's residual functional

capacity (RFC) for work during the relevant time period prior to the expiration of
his disability insurance benefits (DIB) insured status. As noted by the
Magistrate Judge, the ALJ found that plaintiff's allegation of disabling pain and
nonexertional impairments was not entirely credible given the medical evidence
in the record. The Magistrate Judge further concluded that the RFC
assessment conducted by Dr. Woodcock also provided support for the ALJ's
RFC finding for light work. Thus, the court agrees that there is substantial
evidence in the record to support the ALJ's findings and the step four
determination that plaintiff's impairments did not preclude the performance of his
previous salesman position prior to the expiration of his DIB insured status.
Plaintiff’s arguments were correctly analyzed under proper legal standards and
the findings in the Report and Recommendation are supported by the record.
Thus, upon de novo review, the court finds that the the Report and
Recommendation should be and is hereby adopted in its entirety. Accordingly,
the decision of the Commissioner to deny plaintiff’s application for disability
insurance benefits is AFFIRMED.
It is so ordered this 3rd day of May, 2013.

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