Blackmon v. Commissioner, Social Security Administration

Filing 24

ORDER ADOPTING REPORT AND RECOMMENDATIONS. The decision of the Commissioner is AFFIRMED and the complaint is hereby DISMISSED WITH PREJUDICE. Any motion not previously ruled on is DENIED. Signed by Judge Michael H. Schneider on 08/11/15. (mll, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
TYLER DIVISION
WILLIAM DOUGLAS BLACKMON,
Plaintiff,
v.
COMMISSIONER, SOCIAL SECURITY
ADMINISTRATION,
Defendant.

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CIVIL ACTION No. 6:14-cv-260MHS-JDL

ORDER ADOPTING REPORT AND RECOMMENDATION
OF UNITED STATES MAGISTRATE JUDGE
Plaintiff William Douglas Blackmon initiated this civil action pursuant to Social Security
Act, Section 205(g) for judicial review of the Commissioner’s denial of Plaintiff’s application for
Social Security benefits. The case was referred to United States Magistrate Judge John D. Love,
who issued a Report and Recommendation concluding that the decision of the Commissioner
should be affirmed and the action dismissed with prejudice.
The Report and Recommendation of the Magistrate Judge, which contains his findings,
conclusions, and recommendation for the disposition of this action, has been presented for
consideration. Plaintiff has filed an objection to the Report and Recommendation (Doc. No. 23).
Specifically, Plaintiff objects to Judge Love’s finding that “the ALJ did not err in his credibility
finding in concluding that Mr. Blackmon has no objective findings related to his [alleged
debilitating symptoms].” Id. Plaintiff further cites to the transcript in alleging that the ALJ
improperly made the premature determination that Mr. Blackmon is not disabled. Id. However, a
review of the transcript does not reveal that the ALJ came to any premature conclusion that Mr.
Blackmon is not disabled. Moreover, Judge Love found that the ALJ’s credibility evaluation
was properly supported with objective medical evidence and other reliable factors, including his

daily activities and functioning, his general demeanor, and the statements and assessments from
examining and evaluating sources. (Doc. No. 22 at 7-8.) Therefore, Judge Love concluded that
the ALJ did not err in his credibility assessment of the Plaintiff. (Doc. No. 22, at 8.)
.
Accordingly, the Court agrees with the Magistrate Judge’s finding that the ALJ did not err in his
credibility finding.
Therefore the Court hereby adopts the findings and conclusions of the Magistrate Judge
as the findings and conclusions of the Court. It is accordingly 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 11th day of August, 2015.

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MICHAEL H. SCHNEIDER
UNITED STATES DISTRICT JUDGE