Arnold v. Commissioner of Social Security

Filing 23

ORDER ADOPTING 20 Report and Recommendation. The decision of the Acting Commissioner of the Social Security Administration denying benefits is AFFIRMED. Signed by Honorable Stephen P. Friot on 5/31/16. (llg)

IN THE UNITED STATES DISTRICT COURT FOR THE
WESTERN DISTRICT OF OKLAHOMA
PAMELA ARNOLD,

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Plaintiff,
-vsCAROLYN W. COLVIN, Acting
Commissioner of the Social Security
Administration,
Defendant.

Case No. CIV-15-0183-F

ORDER
Plaintiff brings this action pursuant to 42 U.S.C. § 405(g) for judicial review
of the final decision of the Commissioner of the Social Security Administration
denying plaintiff’s applications for disability insurance benefits under Title II of the
Social Security Act (42 U.S.C. §§ 401-434), and for supplemental security income
under Title XVI of the Social Security Act (42 U.S.C. §§ 1381-1383f). The Report
and Recommendation of Magistrate Judge Charles B. Goodwin recommends affirming
the decision of the Commissioner denying benefits. Doc. no. 20 (the Report).
Plaintiff has filed objections to the Report. Doc. no. 21. A reply brief was filed by
the Commissioner. Doc. no. 22.
Plaintiff states two objections.

First, plaintiff objects to the Report’s

determination that the administrative law judge’s error at step three (regarding
whether plaintiff met or medically equaled a listed impairment) was harmless error.
Second, plaintiff objects to the Report’s conclusion that the administrative law judge’s
residual functional capacity determination was supported by substantial evidence. All

objections are reviewed de novo. See, 28 U.S.C. § 636(b)(1) (court makes a de novo
determination of those portions of the report to which objection is made).
Having carefully considered the issues, the court finds and concludes that it
agrees with the Magistrate Judge’s analysis and conclusions. The Report adequately
covers the subject matter of plaintiff’s objections, and no purpose would be served by
setting out further analysis here. The Report and Recommendation of Magistrate
Judge Goodwin is ACCEPTED, ADOPTED and AFFIRMED. The decision of the
Acting Commissioner of the Social Security Administration denying benefits is
AFFIRMED.
Dated this 31st day of May, 2016.

15-0183p002.wpd

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