Walton v. Commissioner, Social Security Administration

Filing 23

ORDER OVERRULING OBJECTIONS AND ADOPTING 21 REPORT AND RECOMMENDATIONS. Signed by Judge Ron Clark on 3/28/17. (ljw, )

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

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No. 9:16-CV-16

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 his 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 February 14, 2017 (Doc. No. 21) and the
Plaintiff=s objections. (Doc. No. 22.) 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

1. The Plaintiff’s objection to the Report and Recommendation initially sets out objections to the ALJ’s credibility,
RFC, and ability to work. However, the only discussion in the objection is the alleged errors in weighing the
medical opinion evidence of Dr. Tomaszek and the alleged errors in finding that Walton can perform light work.
Plaintiff does not take into account that the ALJ set forth numerous reasons for discounting Plaintiff’s credibility,
including the medical evidence, Walton’s physical ability complaints, and his daily activities. The ALJ properly
considered the medical records of the surgeon, Dr. Tomaszek and discusses the same at length. Substantial evidence
supports the RFC, and the hypothetical to the vocational expert included all of the limitations found to exist by the
ALJ.

plaintiff and analyzed those points correctly. The magistrate judge properly examined the entire
record to determine that substantial evidence supports the administrative law judge’s credibility
assessments, residual functional capacity, 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 28th day of March, 2017.