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, )

Download PDF
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

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?