Brevard v. Commissioner, Social Security Administration

Filing 19

ORDER OVERRULING OBJECTIONS AND ADOPTING 17 REPORT AND RECOMMENDATIONS. Signed by Judge Ron Clark on 3/7/17. (ljw, )

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF TEXAS
LUFKIN DIVISION
VANNA KAY BREVARD,
Plaintiff
v.
CAROLYN W. COLVIN,
COMMISSIONER OF THE SOCIAL
SECURITY ADMINISTRATION,
Defendant

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No. 9:15-CV-146

ORDER OVERRULING OBJECTIONS AND ADOPTING
REPORT AND RECOMMENDATION
The Plaintiff requests judicial review of a final decision of the Commissioner of Social
Security Administration with respect to her application for disability-based benefits. This matter
has been referred to the Honorable Keith Giblin, United States Magistrate Judge, at Beaumont,
Texas, for consideration pursuant to applicable laws and orders of this court. The magistrate judge
submitted a report recommending that the decision of the Commissioner be affirmed. The court
has considered the report and recommendation filed on January 10, 2017 (Doc. No. 17) and the
Plaintiff=s objections. (Doc. No. 18.) The court has conducted a de novo review of the objections
in relation to the pleadings and the applicable law. See Fed. R. Civ. P. 72(b). After careful
consideration, the court concludes that the Plaintiff=s objections are without merit.1 The court
concludes that the magistrate judge correctly identified and discussed the points of error argued by
plaintiff and analyzed those points correctly. The magistrate judge properly examined the entire

1. The Plaintiff’s objection to the Report and Recommendation does not take into account that the ALJ set forth
numerous reasons for discounting Plaintiff’s credibility, including the medical evidence of the DDS consultants and
the Medical Expert, Dr. Durado D. Brooks, Bravard’s full-time work as a caregiver to the elderly, in which she
performs household chores and cooks, in addition to her ability to perform daily activities. The Magistrate Judge
did not impose his own reasons regarding Plaintiff’s discounted credibility, rather he cites to the ALJ’s opinion
specifying the reasons for discounting credibility.

record to determine that substantial evidence supports the administrative law judge’s credibility
assessments and determination of weight accorded to medical evidence and the Commissioner’s
denial of benefits.
Accordingly, all of the Plaintiffs objections are OVERRULED. The findings of fact and
conclusions of law of the magistrate judge are correct and the report of the magistrate judge is
ADOPTED. A final judgment will be entered in this case in accordance with the magistrate
judge=s recommendation.
So ORDERED and SIGNED this 7 day of March, 2017.

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Ron Clark, United States District Judge