Robinson v. Commissioner of Social Security

Filing 22

ORDER ADOPTING REPORT AND RECOMMENDATION for 19 Report and Recommendation; affirms the Commissioner's decision to deny Robinson's Application for Disability Insurance Benefits; and orders that judgment in favor of the Commissioner issue forthwith. Signed by Honorable Lee R. West on 03/04/16. (jy)

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

LEE ROBINSON,
Plaintiff,

)
vs.

)

No. CIV-15-171-W

CAROLYN COLVIN, Acting
Commissioner of Social Security,
Defendant.

ORDER

On January 26, 2016, United States Magistrate Judge Bernard M. Jones issued a
Report and Recommendation in this matter and recommended that the decision of the
defendant, Carolyn Colvin, Acting Commissioner of Social Security ("Commissioner"),

denying disability insurance benefits to plaintiff Lee Robinson be affirmed. Robinson was
advised of his right to object, but no objections have been filed within the allotted time.
See Doc. 19 at 15; Doc. 21.

Upon review of the record, the Court finds no error has occurred at step four of the
five-step sequential evaluation process that warrants the requested reversal and remand.

Likewise, the Court finds the Administrative Law Judge's assessment ("ALJ") of the 100%
service-connected disability rating Robinson had received from the United States
Department of Veterans Affairs, s^ Doc. 10-6 at 45, or the ALJ's failure to further develop
the record provides no grounds for reversal and remand. Accordingly, the Court concurs
with Magistrate Judge Jones' determination that the Commissioner's relevant factual
findings are supported by substantial evidence in light of the entire record, and his opinion

that that the Commissioner applied the correct legal standards. E.g.. O'Dell v. Shalala. 44
F.3d 855, 858 (10'' Cir. 1994).
The Court therefore

(1) ADOPTS the Report and Recommendation [Doc. 19] issued on January 26,
2016;

(2) AFFIRMS the Commissioner's decision to deny Robinson's Application for
Disability Insurance Benefits; and

(3) ORDERS that judgment in favor of the Commissioner issue forthwith.
ENTERED this

day of March, 2016.

WEST

UNITED STATES DISTRICT JUDGE