Morris v. Astrue
Filing
15
ORDER denying 9 Motion to Reverse Decision of the Commissioner; granting 11 Motion to Affirm the Decision of the Commissioner; adopting 12 Report and Recommendations. So Ordered by Judge William E. Smith on 3/13/13. (Jackson, Ryan)
UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF RHODE ISLAND
___________________________________
)
LYNN MORRIS,
)
)
Plaintiff,
)
)
v.
)
C.A. No. 11-625 S
)
CAROLYN W. COLVIN, 1 Acting
)
Commissioner of Social Security,
)
)
Defendant.
)
___________________________________)
ORDER
On
February
1,
2013,
United
States
Magistrate
Judge
Patricia A. Sullivan issued a Report and Recommendation (ECF No.
12) in the above-captioned matter.
Judge Sullivan recommended
that this Court deny Plaintiff’s Motion to Reverse (ECF No. 9),
and grant Defendant’s Motion to Affirm (ECF No. 11).
Lynn
Morris
objects
to
Judge
Sullivan’s
Plaintiff
Report
and
Recommendation (ECF No. 13), arguing that the Administrative Law
Judge
(“ALJ”)
improperly
statements regarding pain.
discounted
the
credibility
of
her
After reviewing the record, however,
the Court finds that the ALJ’s credibility finding was supported
by substantial evidence.
Contrary to Plaintiff’s contentions,
the ALJ did not ignore the fact that Plaintiff underwent a nerve
1
Carolyn W. Colvin became the Acting Commissioner of
Social Security on February 14, 2013.
Pursuant to 42 U.S.C. §
405(g), the present suit may continue notwithstanding this
change.
1
study as well as a series of injections to address her back
pain.
Indeed, the ALJ’s opinion specifically refers to both the
nerve
study
(Tr.
17)
and
the
injections
(Tr.
18).
More
importantly, as Judge Sullivan pointed out in her Report and
Recommendation, the ALJ’s adverse credibility determination was
not based solely on the lack of objective medical evidence to
support Plaintiff’s complaints.
Rather, the ALJ also expressly
considered Plaintiff’s own descriptions of her daily activities
(Tr. 16, 18) and her testimony that she does not take prescribed
medications for pain (Tr. 18).
Because this Court agrees with
Judge Sullivan’s conclusion that the ALJ’s credibility finding
is supported by substantial evidence, it adopts her Report and
Recommendation pursuant to 28 U.S.C. § 636(b)(1).
Plaintiff’s
Motion to Reverse is DENIED, and Defendant’s Motion to Affirm is
GRANTED.
IT IS SO ORDERED.
/s/ William E. Smith
William E. Smith
United States District Judge
Date: March 13, 2013
2
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?