Seward v. Commissioner of Social Security

Filing 25

ORDER ADOPTING REPORT AND RECOMMENDATION for 21 Report and Recommendation. Decision of the Commissioner is affirmed. Signed by Honorable Tim Leonard on 10/06/15. (jy)

IN THE UNITED STATES DISTRICT COURT FOR THE
WESTERN DISTRICT OF OKLAHOMA

PAULA M. SEWARD,

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Plaintiff,
v.

CAROLYN W. COLVIN, acting
Commissioner Social Security
Administration,
Defendant.

Case No. CIV-14-1216-L

ORDER
On August 27, 2015, Magistrate Judge Suzanne Mitchell entered a Report
and Recommendation in this action brought by plaintiff 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 benefits and supplemental security income
under the Social Security Act. The Magistrate Judge recommended that the
decision of the Commissioner be affirmed.
The court file reflects that plaintiff filed a timely Objection to the Magistrate
Judge’s Report and Recommendation which the court has carefully considered.
In addition, the Commissioner filed a reply brief, which has also been considered.

Upon de novo review, the court finds that the the Report and Recommendation
should be and is hereby adopted in its entirety.
The Magistrate Judge properly found no grounds for reversal based on
alleged errors in the weighing of medical evidence by the Administrative Law
Judge (“ALJ”). Further, the Magistrate Judge correctly found no error with
respect to the ALJ’s alleged failure to consider how plaintiff’s obesity affected the
ALJ’s residual functional capacity (“RFC”) assessment. The Magistrate Judge
also correctly found that there was no error in the ALJ’s analysis of plaintiff’s
credibility.
Thus, upon de novo review, the court finds that 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 benefits and supplemental security income under the Social Security
Act is AFFIRMED.
It is so ordered this 6th day of October, 2015.

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