Brookins v. Commissioner, Social Security Administration

Filing 24

ORDER ADOPTING REPORT AND RECOMMENDATION OF THE U. S. MAGISTRATE JUDGE. 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. Signed by Judge Ron Clark on 9/22/17. (mrp, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
TYLER DIVISION
DAREN G. BROOKINS

§
§
§
§
§
§

vs.
COMMISSIONER, SOCIAL
SECURITY ADMINISTRATION

CIVIL ACTION 6:15cv1010

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.
There is substantial evidence in the record supporting the Commissioner’s decision and the ALJ
applied the correct legal standards.

In his objection, Plaintiff asserts that the Report and

Recommendation does not consider whether the record supports the ALJ’s finding that his
activities of daily living support the RFC finding. The occupational therapy record cited by
Plaintiff in her brief and in her written objections, however, does not show error.

The ALJ’s

opinion thoroughly summarized the medical evidence of record, Plaintiff’s assertions concerning
his limitations, and Plaintiff’s activities of daily living. The ALJ applied the correct legal

1

standards. 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

2