Logan v. Sebelius et al

Filing 69

ORDER: The Report and Recommendation 64 is adopted. Defendants' motion for summary judgment 55 is GRANTED. Ordered and Signed on 05/10/2013 by Judge Owen M. Panner. (rsm)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF OREGON
KONNI LOGAN, an individual,
Plaintiff,

v.

1:12-cv-118-CL
ORDER

KATHLEEN SEBELIUS, Secretary of
Health and Human Services, et al.,
Defendants.

PANNER, District Judge:

Magistrate Judge Mark D. Clarke filed a Report and
Recommendation and the matter is now before me. See 28 U.S.C.

§

636 (b) (1) (B), Fed. R. Civ. P. 72 (b). Plaintiff filed objections
and I have reviewed the file of this case de novo. See 28 U.S.C.
636(b) (1) (c); McDonnell Douglas Corp. v. Commodore Bus. Mach.,
1 - ORDER

§

Inc., 656 F.2d 1309, 1313 (9th Cir. 1981). I conclude the Report
is correct.
While plaintiff may be correct in stating the decision of the
Administrative Law Judge (ALJ) was supported by substantial
evidence, that is not the applicable standard of review. Instead,
as noted in the Report, the court must review the decision of the
Appeals Council to determine whether that decision, as opposed to
the decision of the ALJ, is supported by substantial evidence.
Because the decision of the Appeals Council here was supported by
substantial evidence, that decision is affirmed. See Howard v.
Heckler, 782 F.2d 1484, 1486-87

(9th Cir. 1986).

I adopt the Report and Recommendation (#64)
motion for summary judgment (#55)

is GRANTED.

IT IS SO ORDERED.

DATED this

/tl

•

day of May, 2013.

OWEN M. PANNER
U.S. DISTRICT JUDGE

2 - ORDER

Defendants'