Hall v. Commissioner, Social Security Administration
ORDER adopting 22 Report and Recommendation of United States Magistrate Judge. Ordered that the decision of the Commissioner is affirmed and the complaint is hereby dismissed with prejudice. Ordered that any motion not previously ruled on is denied. Signed by Judge Ron Clark on 4/16/2017. (bjc, )
IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
HERMAN HALL JR.,
COMMISSIONER, SOCIAL SECURITY
§ CASE NO. 6:15-CV-00851-RC-JDL
ORDER ADOPTING REPORT AND RECOMMENDATION OF
UNITED STATES MAGISTRATE JUDGE
On September 11, 2015, Plaintiff 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. Doc. No. 1. The case was referred to United States Magistrate Judge
John D. Love pursuant to 28 U.S.C. § 636. On February 9, 2017, the Magistrate Judge issued a
Report and Recommendation confirming that the decision of the Commissioner should be
affirmed and the action be dismissed with prejudice. Doc. No. 22 (“R&R”). Plaintiff has filed
objections to the Report and Recommendation. Doc. No. 23 (“Obj.”).
Plaintiff objects that the Magistrate Judge “erred in finding that the ALJ correctly applied
the applicable legal standards in assessing Mr. Hall’s credibility, residual functional capacity
(“RFC”), and ability to perform work, and in finding that substantial evidence supports those
assessments.” Obj. at 1. Plaintiff then recites the standards for federal court review of an ALJ’s
decision. Id. at 1–2; see also R&R at 2–3. Finally, Plaintiff quotes at length from his opening
brief before concluding with the bare assertion that “the ALJ failed to comply with SSR 96-6p in
determining the extent to which the State Agency Medical Consultants’ opinions are supported
by the record as a whole.” Obj. at 2–3. Plaintiff, however, does not refer to the Magistrate
Judge’s findings in relevant detail in the substance of his objections. See generally Obj. Nor
does Plaintiff provide any specific arguments explaining how the Magistrate Judge erred in his
Regardless, Plaintiff’s general objections are unavailing.
The Magistrate Judge
thoroughly reviewed the ALJ’s credibility assessment and found that the ALJ properly
considered all the relevant factors, including the medical records of Plaintiff’s treatment, state
agency medical expert opinions, and Plaintiff’s testimony during the hearing, in rendering his
credibility findings. R&R at 6–9. Therefore, the Magistrate Judge did not err in finding the
ALJ’s credibility findings to be supported by substantial evidence.
Likewise, the Magistrate Judge properly found that the ALJ’s RFC finding is supported
by substantial evidence. Id. at 10–11. The Magistrate Judge noted that the ALJ adequately
explained the reasoning for his RFC determination, appropriately weighed the evidence, and
incorporated limitations into the RFC assessment that were most supported by the record. Id. at
Finally, the Magistrate Judge concluded that the ALJ properly relied on the testimony of
a vocational expert and found that Plaintiff is capable of performing past relevant work as a
machine operator, comparing Plaintiff’s RFC with the physical and mental demands of that
work, which the ALJ characterized as skilled, medium work. Id. at 12. The Court finds no error
in the Magistrate Judge’s findings.
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.
So ORDERED and SIGNED this 16th day of April, 2017.
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