Rutledge v. Commissioner, Social Security Administration
ORDER ADOPTING REPORT AND RECOMMENDATION OF THE U. S. MAGISTRATE JUDGE. It is ordered that Plaintiff's objections are overruled. The decision of the Commissioner is affirmed and this Social Security Action is dismissed with prejudice. Signed by Judge Ron Clark on 9/21/16. (mrp, )
IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
KARI LORENA RUTLEDGE
CIVIL ACTION NO. 6:15cv399
ORDER ADOPTING REPORT AND
RECOMMENDATION OF THE 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
The Report and Recommendation recommends that the decision of the
Commissioner be affirmed and that the complaint be dismissed with prejudice. Plaintiff filed
written objections on September 6, 2016.
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 and Plaintiff’s
objections are without merit. Plaintiff asserts that the ALJ did not adequately explain the weight
given to all of the medical evidence in the record other than rejecting her treating physician’s
statement that she is precluded from all work activity. As fully considered in the Report and
Recommendation, however, the ALJ properly evaluated all of the medical evidence in the record
and concluded that Dr. Sawtelle’s finding that she is unable to work a full eight-hour workday
for forty hours per week is not supported in the medical records.
The ALJ specifically
determined that the medical evidence, including Dr. Sawtelle’s examinations, and Plaintiff’s
testimony concerning her activities of daily living are consistent with the opinion of the medical
expert, Dr. Amusa.
The ALJ’s opinion also addressed the findings of two state agency
physicians and gave little weight to their opinions that Plaintiff can perform medium work
activity, finding instead that Plaintiff can perform sedentary work activity. Plaintiff’s assertion
of error lacks merit.
There is substantial evidence in the record supporting the Commissioner’s decision and
the ALJ applied the correct legal standards. The findings and conclusions of the Magistrate
Judge are, therefore, adopted as those of the Court. It is
ORDERED that Plaintiff’s objections are OVERRULED.
The decision of the
Commissioner is AFFIRMED and this Social Security action is DISMISSED WITH
PREJUDICE. It is further
ORDERED that any motion not previously ruled on is DENIED.
So ORDERED and SIGNED this 21 day of September, 2016.
Ron Clark, United States District Judge
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