Wooten v. Colvin

Filing 14

ORDER ADOPTING MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION re: 12 Findings and Recommendations on Case re: 1 Complaint, filed by Richard Wayne Wooten. Magistrate Judge E. Scott Frost no longer assigned to case. The report of the magistrate judge should be and is hereby ADOPTED as the decision of this Court. As a result, the decision of the Commissioner is AFFIRMED. (Ordered by Judge Terry R Means on 3/24/2016) (npk)

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF TEXAS
FORT WORTH DIVISION
RICHARD WAYNE WOOTEN
VS.
CAROLYN W. COLVIN

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ACTION NO. 4:14-CV-936-Y

ORDER ADOPTING MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION
The Court has made an independent review of the following matters
in the above-styled and numbered cause:
1.

The pleadings and record;

2.
The Report and Recommendation of the United States
magistrate judge filed on February 25, 2016; and
3.
Plaintiff's objections to the proposed findings,
conclusions, and recommendation of the United States
magistrate judge filed on March 10.
Plaintiff makes the same arguments in his objections that were
addressed in detail in the magistrate judge's report.

This Court,

after de novo review, concludes that the Commissioner's decision
should be affirmed for the reasons stated in the magistrate judge's
report.1

1

The Court acknowledges that this case, as in Newton v. Apfel, 209 F.3d
448 (5th Cir. 2000), "[i]s not a case where there is competing first-hand medical
evidence and the ALJ finds as a factual matter that one doctor's opinion is more
well-founded than another," which would therefore require the ALJ to analyze the
six regulatory factors under 20 C.F.R. § 404.1527. Wilder v. Colvin, No. 13-CV3014-P, 2014 WL 2931884 at 6 (N.D. Tex. June 30, 2014)(J. Solis) (quoting Newton,
209 F.3d at 458)). However, in its recent per-curiam opinion, the United States
Court of Appeals for the Fifth Circuit exemplified the amount of latitude and
deference it gives to an ALJ with respect to the amount of detail required to
satisfy the analysis under 20 C.F.R. § 404.1527. See Jones v. Colvin, No. 1530298, 2016 WL 158016 (5th Cir. Jan. 13, 2016).
The Court finds Jones is
particularly instructive to this case and concludes that the ALJ properly
analyzed each of the six regulatory factors in his written decision.

It is ORDERED that the report of the magistrate judge should
be and is hereby ADOPTED as the decision of this Court. As a result,
the decision of the Commissioner is AFFIRMED.
SIGNED March 24, 2016.

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TERRY R. MEANS
UNITED STATES DISTRICT JUDGE