Randall v. Colvin

Filing 20

ORDER overruling objections and adopting 18 Report and Recommendation. Signed by Judge Ron Clark on 9/26/2017. (bjc)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF TEXAS
LUFKIN DIVISION
MORRIS L. RANDALL,
Plaintiff
v.

COMMISSIONER OF THE SOCIAL
SECURITY ADMINISTRATION,
Defendant

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No. 9:16-CV-00057

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 July 26, 2017 (Doc. No. 18) and the
Plaintiff=s objections. (Doc. No. 19.) 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 fails to acknowledge that the ALJ appropriately
made the determination that the security guard and receptionist jobs were a composite job, performed as the SGA
level, and constituted past relevant work. The ALJ and Magistrate Judge applied the correct standard in assessing
the evidence, including the post-hearing memorandum, contrary to the assertions of the Plaintiff. The ALJ
considered each job within the composite job and questioned the vocational expert on each job. The vocational
expert and the ALJ determined that Randall was capable of performing both jobs. The vocational expert and ALJ
also considered the length of service of the composite job when determining past relevant work. The ALJ sets out
the proper legal standard of disability under the Act in her decision and the agency’s five step sequential evaluation
process for evaluating disability under the Act.

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 determination
that Mr. Randall could have returned to his past relevant work 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 26 day of September, 2017.

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Ron Clark, United States District Judge