Sebile v. Commissioner of Social Security Administration

Filing 20

ORDER overruling objections and adopting 18 Report and Recommendation. Signed by District Judge Marcia A. Crone on 9/19/18. (tkd, )

UNITED STATES DISTRICT COURT

ETHEL J. SEBILE,
Plaintiff,
versus
CAROLYN W. COLVIN,
Acting Commissioner of Social Security,
Defendant.

EASTERN DISTRICT OF TEXAS

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CIVIL ACTION NO. 1:17-CV-316

ORDER OVERRULING OBJECTIONS AND ADOPTING REPORT AND
RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE
The Plaintiff requests judicial review of a final decision of the Commissioner of Social
Security Administration with respect to her application for disability-based benefits. This matter
has been referred to the Honorable Keith Giblin, United States Magistrate Judge, at Beaumont,
Texas, for consideration pursuant to applicable laws and orders of this court. The magistrate
judge submitted a report recommending that the decision of the Commissioner be affirmed. The
court has considered the report and recommendation filed on July 13, 2018 (Doc. No. 18), and
the Plaintiff's objections (Doc. No. 19). The court has conducted a de novo review of the
objections in relation to the pleadings and the applicable law. See Fed. R. Civ. P. 72(b). After
careful consideration, the court concludes that the Plaintiff’s objections are without merit.
Therefore, the court ACCEPTS the magistrate judge’s recommendation, OVERRULES the
Plaintiff’s objections, and AFFIRMS the Commissioner’s denial of benefits.
Plaintiff objects to the magistrate judge’s determination that the ALJ’s residual functional
capacity properly included all of the limitations resulting from Plaintiff’s severe impairments.
Plaintiff argues that her peripheral neuropathy and hypertension cause limitations that were not
included in her residual functional capacity determination. The magistrate judge correctly

determined that substantial evidence supports the ALJ’s treatment of Sebile’s severe impairments
and took into consideration the effect, or lack of effect, they had on her residual functional
capacity. The magistrate judge correctly examined the ALJ’s finding that Sebile’s subjective
complaints were not consistent with the examination notes throughout her medical records showing
only moderate difficulties.
The court concludes that the magistrate judge correctly identified and discussed the point
of error argued by plaintiff and analyzed the point correctly. The magistrate judge properly
examined the entire record to determine that substantial evidence supports the administrative law
judge’s assessments and determinations and the Commissioner’s denial of benefits.
Accordingly, all of the Plaintiffs objections are OVERRULED. The findings of fact and
conclusions of law of the magistrate judge are correct and the report of the magistrate judge is
ADOPTED. A final judgment will be entered in this case in accordance with the magistrate
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judge’s recommendation.
SIGNED at Beaumont, Texas, this 7th day of September, 2004.
SIGNED at Plano, Texas, this 19th day of September, 2018.

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MARCIA A. CRONE
UNITED STATES DISTRICT JUDGE

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