McKenna v. Commissioner of Social Security Administration

Filing 25

ORDER ADOPTING REPORT AND RECOMMENDATION 22 and affirming the decision of the Acting Commissioner. Signed by Honorable Vicki Miles-LaGrange on 3/13/2018. (ks)

IN THE UNITED STATES DISTRICT COURT FOR THE
WESTERN DISTRICT OF OKLAHOMA
PAMELA McKENNA,
Plaintiff,
vs.
NANCY A. BERRYHILL,
Acting Commissioner of Social
Security Administration,
Defendant.

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Case No. CIV-17-157-M

ORDER
On November 8, 2017, United States Magistrate Judge Gary M. Purcell issued a Report
and Recommendation in this action in which plaintiff seeks judicial review of the final decision of
defendant Acting Commissioner of Social Security Administration (“Acting Commissioner”)
denying plaintiff’s applications for disability insurance and supplemental security income benefits
under Title II and Title XVI of the Social Security Act, 42 U.S.C. §§ 416(i), 423, 1382. The
Magistrate Judge recommended the Acting Commissioner’s decision in this matter be affirmed.
The parties were advised of their right to object to the Report and Recommendation by November
28, 2017. On November 27, 2017, plaintiff filed her objection, and on December 11, 2017, the
Acting Commissioner filed her response to plaintiff’s objection.
In her objection, plaintiff asserts that the Magistrate Judge added terms not included in the
residual functional capacity (“RFC”) in reaching his decision. Specifically, plaintiff asserts that
the Magistrate Judge added the term “at will.” Having carefully reviewed the Report and
Recommendation, the Court finds that the Magistrate Judge did not improperly add the term “at
will” to the RFC. A review of the Report and Recommendation clearly shows that the Magistrate
Judge accurately stated that the RFC included that plaintiff was “required the option to alternate

sitting and standing positions at the workstation.” Report and Recommendation [docket no. 22] at
3. The Magistrate Judge then concluded that the “option” included in the RFC equated to the
ability to sit or stand “at will.” Id. at 7. Having carefully reviewed this matter de novo, the Court
agrees with the Magistrate Judge’s conclusion.
Accordingly, the Court:
(1)

ADOPTS the Report and Recommendation [docket no. 22] issued by the
Magistrate Judge on November 8, 2017, and

(2)

AFFIRMS the decision of the Acting Commissioner.

IT IS SO ORDERED this 13th day of March, 2018.