Roberson v. Commissioner, Social Security Administration

Filing 26

ORDER ADOPTING REPORT AND RECOMMENDATIONS. Plaintiff's objections are hereby OVERRULED. The decision of the Commissioner is AFFIRMED and the complaint ishereby DISMISSED WITH PREJUDICE. Any motion not previously ruled on is DENIED. Signed by Judge Leonard Davis on 09/26/14. (mll, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
TYLER DIVISION
RAHUSHUN ROBERSON

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v.

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COMMISSIONER, SOCIAL SECURITY
ADMINISTRATION

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CIVIL ACTION NO. 6:13-CV-244

ORDER ADOPTING REPORT AND
RECOMMENDATION OF UNITED STATES
MAGISTRATE JUDGE
The Report and Recommendation of the Magistrate Judge, which contains her findings,
conclusions, and recommendation for the disposition of this action, has been presented for
consideration. The Report and Recommendation recommends that the decision of the Commissioner
be affirmed and the complaint be dismissed. Plaintiff has filed a written objection.
Having made a de novo review of the objections filed by Plaintiff, the Court finds that the
findings, conclusions and recommendation of the Magistrate Judge are correct. Plaintiff contends
in his objection that the ALJ and the Report of the Magistrate Judge incorrectly determined there
was no error in the assessment of Plaintiff’s credibility. The Magistrate Judge’s Report fully
addresses this issue.
As the Magistrate Judge pointed out, the ALJ did not entirely reject Plaintiff’s allegations.
SSR 96-7p, 1996 WL 374186, at *4 (the adjudicator need not totally accept or totally reject the
claimant’s statements). The ALJ incorporated Plaintiff’s testimony regarding back and neck pain
to the extent he found Plaintiff limited to a reduced range of light work. Therefore, despite
Plaintiff’s contention otherwise, the ALJ considered Plaintiff’s testimony and used it to establish
Plaintiff’s residual functional capacity. The ALJ did not, however, credit Plaintiff’s claims of total
disability due to pain. See Tr. 13-14, 29-31. Considering Plaintiff’s subjective reports together with

the medical findings from the adjudicated period, the Magistrate Judge properly found that the ALJ
correctly determined that Plaintiff’s statements concerning the intensity, persistence, and limiting
effects of his symptoms were not entirely credible. See Tr. at 14.
Therefore, Plaintiff’s objection is without merit and will be overruled. There is substantial
evidence in the record supporting the Commissioner’s decision. The findings and conclusions of
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the Magistrate Judge are therefore adopted as those of the Court.
In light of the foregoing, it is
ORDERED that Plaintiff’s objections are hereby OVERRULED. It is further
ORDERED that the decision of the Commissioner is AFFIRMED and the complaint is
hereby DISMISSED WITH PREJUDICE. It is further
ORDERED that any motion not previously ruled on is DENIED.
SIGNED this 19th day of December, 2011.
So ORDERED and SIGNED this 26th day of September, 2014.

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