Morton v. Commissioner, Social Security Administration

Filing 22

ORDER ADOPTING 20 REPORT AND RECOMMENDATIONS. Signed by Judge Ron Clark on 9/11/14. (ljw, )

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF TEXAS
LUFKIN DIVISION
STEVEN T. MORTON

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V.
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COMMISSIONER OF
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SOCIAL SECURITY ADMINISTRATION §

CASE NO. 9:13-CV-59

ORDER ADOPTING
REPORT AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE
The court referred this matter to the Honorable Keith F. Giblin, United States Magistrate
Judge, for consideration. The magistrate judge submitted a report recommending that the decision
of the Commissioner denying plaintiff’s application for social security benefits be affirmed.
Plaintiff timely filed objections to the magistrate judge’s Report and Recommendation. The
Court accordingly conducted a de novo review of the objections, the pleadings, the record, and the
applicable law. See FED. R. CIV. P. 72(b); 28 U.S.C. § 636(b). After careful consideration, the
Court concludes that the objections are without merit.
Plaintiff objects to the magistrate judge’s conclusion that the ALJ did not err in considering
the plaintiff’s credibility. Plaintiff generally alleges that his statements regarding the limiting effects
of his symptoms reduce his residual functional capacity (RFC), thus making the RFC more limiting
than the ALJ concluded. See Objections [Doc. #21], at p. 1. After review, the Court disagrees.
Judge Giblin discussed the ALJ’s credibility determination in detail and found substantial
evidence supported the ALJ’s findings. See Report and Recommendation [Doc. #20], at pp. 7-8.
Subjective complaints of pain must also be corroborated by objective medical evidence. See
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Chambliss v. Massanari, 269 F.3d 520, 522 (5th Cir. 2001); Houston v. Sullivan, 895 F.2d 1012,
1016 (5th Cir. 1989). As Judge Giblin and the ALJ noted, the plaintiff did not seek treatment after
March 2009, which suggests that the plaintiff’s symptoms are not as severe as alleged. See Report
and Recommendation, at p.7; Tr. at 17. Morton also refused to take medication and requested
discharge from treatment. Tr. at 17.
The ALJ further discussed the plaintiff’s abilities to perform activities of daily living by
maintaining his residence (where he lives alone), shopping for food, and taking care of his hygiene.
Tr. at 15, 17. Judge Giblin referenced this in his report. See Report and Recommendation, at p. 7.
Consideration of daily activities in conjunction with other evidence is relevant and proper in
evaluating credibility. See Reyes v. Sullivan, 915 F.2d 151, 155 (5th Cir. 1990). The record shows
that the ALJ properly considered the evidence and addressed the relevant factors in determining
credibility. Accordingly, despite the plaintiff’s objections to the contrary, the Court concludes that
the ALJ provided specific reasons for the credibility determination and the magistrate judge did not
err in upholding those findings.
Therefore, the Court ORDERS that the plaintiff’s objections [Doc. #21] are OVERRULED.
The Court concludes that the magistrate judge’s findings of fact and conclusions of law of are
correct. The Report and Recommendation [Doc. #20] is, therefore, ADOPTED and the
Commissioner’s decisions is AFFIRMED. The Court will enter final judgment separately.
So ORDERED and SIGNED this 11 day of September, 2014.

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Ron Clark, United States District Judge

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