Cummings v. Commissioner of Social Security
Filing
28
ORDER ADOPTING REPORT AND RECOMMENDATION for 25 Report and Recommendation. Decision of Commissioner affirmed. Signed by Honorable Tim Leonard on 06/29/15. (jy)
IN THE UNITED STATES DISTRICT COURT FOR THE
WESTERN DISTRICT OF OKLAHOMA
MICHAEL CUMMINGS,
Plaintiff,
v.
CAROLYN W. COLVIN, acting
Commissioner Social Security
Administration,
Defendant.
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Case No. CIV-14-539-L
ORDER
On June 4, 2015, Magistrate Judge Suzanne Mitchell entered a Report
and Recommendation in this action brought by plaintiff Michael Cummings
pursuant to 42 U.S.C. §405(g) for judicial review of the defendant acting
Commissioner of the Social Security Administration’s (Commissioner’s) final
decision denying plaintiff’s applications for disability insurance and supplemental
security income under the Social Security Act. The Magistrate Judge
recommended that the Commissioner’s decision be affirmed.
The court file reflects that plaintiff timely filed her Objection to the Report
and Recommendation of the Magistrate, which the court has carefully
considered. Also, the Commissioner filed a reply brief which has been
reviewed. Plaintiff’s objections focus on alleged errors of law or fact in the
Report and Recommendation. Upon de novo review, however, the court finds
that the Report and Recommendation should be and is hereby adopted in its
entirety. The Magistrate Judge properly found that the ALJ did not abuse her
discretion in failing to recontact plaintiff’s treating physician or order a
consultative examination. The Magistrate Judge properly concluded that the
ALJ did not commit reversible error with respect to her weighing of the medical
opinions. The court rejects plaintiff’s argument that the Magistrate engaged in
post hoc justification of the ALJ’s credibility findings since the court agrees with
the broader conclusion of the Magistrate Judge that the ALJ’s findings regarding
credibility were well supported by the record. Upon review, the court finds that
plaintiff's objections are insufficient to justify overturning the conclusions of the
Magistrate Judge in this matter.
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 applications for disability
insurance and supplemental security income under the Social Security Act is
AFFIRMED.
It is so ordered this 29th day of June, 2015.
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