Bridges v. Commissioner, Social Security Administration
ORDER adopting 23 Report and Recommendation. The decision of the Commissioner is affirmed and this Social Security action is dismissed with prejudice. Ordered that any motion not previously ruled on is denied. Signed by District Judge Ron Clark on 3/6/2018. (bjc)
IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
CIVIL ACTION NO. 6:16cv450
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 March 2, 2018.
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 the
ALJ’s residual functional capacity was not erroneous because the ALJ did not properly consider
medical evidence of his inability to work at unprotected heights. Plaintiff raises this argument for
the first time in his written objections. In his brief, Plaintiff included a sentence in his cursory
medical evidence outline stating that a consultative examiner found that Plaintiff cannot work at
unprotected heights, 1 but he did not argue that the ALJ erred by failing to include this limitation.
See Plaintiff’s Brief in Support of Appeal for Judicial Review of the Denial of Social Security Benefits, ECF 16, at
As a result, it is inappropriate for the Court to consider this new argument during consideration of
the Report and Recommendation. Cupit v. Whitley, 28 F.3d 532, 535 n.5 (5th Cir. 1994) (a party’s
entitlement to de novo review does not entitle it to raise issues at that stage that were not adequately
presented to the Magistrate Judge), cert. denied, 513 U.S. 1163, 115 S.Ct. 1128 (1995).
Plaintiff’s written objection lacks merit. 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 6 day of March, 2018.
Ron Clark, United States District Judge
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