Coley v. Colvin
Filing
19
MEMORANDUM AND ORDER adopting 16 Report and Recommendations, denying Plaintiff's 12 Motion to Reverse Decision of the Commissioner; granting Defendant's 13 Motion to Affirm the Decision of the Commissioner. So Ordered by Senior Judge Mary M. Lisi on 2/22/2017. (Feeley, Susan) (Main Document 19 replaced on 2/22/2017) (Feeley, Susan).
UNITED STATES DISTRICT COURT
DISTRICT OF RHODE ISLAND
CHRISTOPHER COLEY, JR.
v.
C.A. NO.: 16-003 ML
NANCY A. BERRYHILL, Acting Commissioner,
Social Security Administration
MEMORANDUM AND ORDER
This matter is before the Court on Plaintiff’s Objection to a Report and Recommendation
issued by Magistrate Judge Sullivan on December 12, 2016 (Docket #16). Plaintiff makes one
specific objection to the Magistrate Judge’s conclusions. He argues that the Magistrate Judge
got it wrong when she found that the Administrative Law Judge (“ALJ”) committed no error in
affording “great” weight to the opinions of State Agency non-examining physicians. As the
Magistrate Judge explains, however, those non-examining State Agency physicians had
reviewed all of the prior test results, including that of the one physician who had determined
Plaintiff’s Full Scale IQ score to be 67. As the Magistrate Judge Points out, however, Dr.
Schwartz’s Full Scale IQ score was not consistent with other Full Scale IQ scores from previous
testing. Moreover, the non-examining physicians considered Plaintiff’s current level of
functioning. This Court agrees with the Magistrate Judge’s conclusion that a remand in this case
is unnecessary, given the ALJ’s explanation as to why she afforded little weight to Dr.
Schwartz’s Full Scale IQ finding.
Having considered the Report and Recommendation and Plaintiff’s Objection, this Court
finds that the Magistrate Judge’s recommendation is well supported by the record and is
consistent with applicable law. The Court, therefore, adopts the Report and Recommendation in
its entirety. Plaintiff’s Motion to Reverse is DENIED and Defendant’s Motion to Affirm is
GRANTED.
SO ORDERED:
/s/ Mary M. Lisi
Mary M. Lisi
Senior United States District Judge
February 22, 2017
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