Myers v. Berryhill

Filing 20

ORDER denying 10 Motion to Reverse, Modify or Remand Decision of the Commissioner; finding as moot 12 Motion to Affirm the Decision of the Commissioner; granting 13 Motion to Affirm the Decision of the Commissioner; adopting Report and Recommendations re 15 Report and Recommendations - So Ordered by District Judge John J. McConnell, Jr. on 5/31/2019. (Urizandi, Nisshy)

UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF RHODE ISLAND

RANDY J.M.,
Plaintiff,

v.
NACY BERRYHILL, Acting
Commissioner of Social Security
Defendant.

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C.A. No. 18·175-JJM·LD A

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ORDER
The Administrative Law Judge ("ALJ") concluded that Randy J.M. ("Randy")
was not disabled because he could perform unskilled work available in the economy.
Randy filed a Motion to Reverse (ECF No. 10), the Commissioner filed a Motion to
Affirm (ECF No. 13), and Randy filed a Reply. ECF No. 14. The Magistrate Judge
filed a Report and Recommendatio n ("R&R") (ECF No. 15) recommending that the
Court affirm the Commissioner's finding that Randy was not disabled.

Randy

objected to the R&R (ECF No. 17) and the Commissioner replied. ECF No. 19. This
Court has conducted a de novo review of the motions and the entire record, as well as
Randy's objection to the R&R and the Commissioner responds to the objection.
For the reasons stated in the R&R, the Court GRANTS the Motion to Affirm
(ECF No. 13) and DENIES the Motion to Reverse.

ECF No. 10. As to Randy's

objections to the R&R, the Court finds that the ALJ's Residual Function Capacity
determination and evaluation of Randy's symptoms is supported by the substantial
weight of the evidence.

John J. McConnell, Jr.
United States District Judge
May 31, 2019

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