Allen v. Commissioner, Social Security Administration

Filing 25

ORDER ADOPTING REPORT AND RECOMMENDATION OF THE U. S. MAGISTRATE JUDGE. The decision of the Commissioner is affirmed and this Social Security action is dismissed with prejudice. Signed by Judge Ron Clark on 9/22/17. (mrp, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
TYLER DIVISION
SCOTTY EUGENE ALLEN

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vs.
COMMISSIONER, SOCIAL
SECURITY ADMINISTRATION

CIVIL ACTION NO. 6:15cv881

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
consideration.

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 14, 2017.
Having made a de novo review of the objection filed by Plaintiff, the findings, conclusions
and recommendation of the Magistrate Judge are correct and Plaintiff’s objection is without merit.
In his objection, Plaintiff asserts that the Report and Recommendation erred in finding that Plaintiff
failed to point to objective medical evidence contradicting the ALJ’s residual functional capacity
(“RFC”). Plaintiff then recites a portion of the short summary of the medical evidence that was in
his brief.
As noted in the Report and Recommendation, Plaintiff’s brief failed to identify any specific
facts showing an error by the ALJ. The analysis portion of Plaintiff’s brief merely recites
boilerplate language concerning the applicable standard and includes a conclusory assertion that

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the ALJ did not carefully consider the evidence. Plaintiff’s brief did not point to any rejected
limitations or explain how they would have affected his RFC. In contrast, the ALJ’s decision and
the Report and Recommendation thoroughly summarize the medical record evidence and the
application of the appropriate legal standard in the context of Plaintiff’s medical evidence and
assertions. The ALJ’s RFC finding is consistent with the medical record as a whole and is
supported by substantial evidence. The findings and conclusions of the Magistrate Judge are,
therefore, adopted as those of the Court. It is
ORDERED that Plaintiff’s objection is 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 22 day of September, 2017.

___________________________________
Ron Clark, United States District Judge

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