Holden v. Astrue

Filing 30

ORDER ADOPTING REPORT AND RECOMMENDATION; the Court CONCURS with Magistrate Judge Purcell's suggested disposition of this matter and in so doing, ADOPTS the 23 Report and Recommendation; AFFIRMS the Commissioner's decision to deny Holden's Application for Disability Insurance Benefits; and ORDERS that judgment in favor of the Commissioner issue forthwith. Signed by Honorable Lee R. West on 8/13/13. (ap)

Holden v. Astrue

Doc. 30

IN THE UNITED STATES DISTRICT COURT FOR

FILED

AUG 1 3 2013

THE WESTERN DISTRICT OF OKLAHOMA
KERRY RAE HOLDEN,
Plaintiff,
vs.
CAROLYN W. COLVIN, Acting
Commissioner of the Social Security
Administration,1
Defendant.

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ROBERT D
.DENNIS,CLERK
U IST.COURT, WESTERN DIST.OF OKLA.
.S.D
BY ~!
DEPUTY

No. CIV-12-828-W

ORDER
On June 13, 2013, United States Magistrate Judge Gary M. Purcell issued a Report
and Recommendation in this case and recommended that the decision of the defendant,
Carolyn W.

Colvin, Acting Commissioner of the Social Security Administration

("Commissioner") , denying the Application for Disability Insurance Benefits filed by plaintiff
Kerry Rae Holden be affirmed . Holden was advised of her right to file written objections
to the Report and Recommendation, and the matter now comes before the Court on
Holden's' Objections tothe Magistrate Judge's Report and Recommendation [Doc. 24], the
Commissioner's response thereto filed at the direction of the Court [Docs. 25, 26], and
Holden's reply [Doc. 29].
After consideration of Holden's arguments pertaining to the opinions of Bobby C.
Kang, D.O., and the cases on which Holden has relied, see, ~, Poppa v. Astrue, 569
F.3d 1167 (10th Cir. 2009); Taft v. Astrue, 2012 WL 5450456 (W.O. Okla. October 15,

1Effective February 14, 2013, Carolyn W. Colvin became Acting Commissioner of Social
Security. Pursuant to Rule 25(d)(1), F.R.Civ.P., Colvin is hereby SUBSTITUTED for Michael J.
Astrue as defendant in this action.

Dockets.Justia.com

2012), adopted, 2012 WL 5450455 (W.o. Okla. November 7,2012); Petzold v. Astrue,
2008 WL 542958 (W.O. Okla. September 25,2007), adopted, id. (W.O. Okla. February 25,
2008), as well as Holden's arguments regarding the opinions of Subramanian
Krishnamurthi, M.D., and Thomas N. Lynn, M.D., the Court, upon de novo review of the
record, finds no error has occurred warranting the requested reversal and remand. The
Commissioner's relevant factual findings are supported by SUbstantial evidence in light of
the entire record, and she applied the correct legal standards.

~,O'Dell

v. Shalala, 44

F.3d 855, 858 (10th Cir. 1994).
Accordingly, the Court
(1) CONCURS with Magistrate Judge Purcell's suggested disposition of this matter
and in so doing, ADOPTS the Report and Recommendation [Doc. 23] issued on June 13,
2013;
(2) AFFIRMS the Commissioner's decision to deny Holden's Application for
Disability Insurance Benefits; and
(3) ORDERS that judgment in favor of the Commissioner issue forthwith.
ENTERED this

12 ttv

day of August, 2013.

. WEST
o STATES DISTRICT JUDGE

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