Tanner v. Astrue

Filing 26

ORDER ADOPTING REPORT AND RECOMMENDATIONS-IT IS THEREFORE ORDERED that the Commissioners decision in this case is AFFIRMED. Signed by Judge Clark Waddoups on 12/15/14. (jmr)

IN THE UNITED STATES DISTRICT COURT
DISTRICT OF UTAH, CENTRAL DIVISION

ANNA TANNER,
ORDER AFFIRMING
COMMISSIONER’S DECISION AND
ADOPTING REPORT AND
RECOMMENDATION

Plaintiff,
v.
CAROLYN W. COLVIN, Acting
Commissioner of Social Security,

Case No. 2:12-cv-00772

Defendant.

Judge Clark Waddoups

In this action Plaintiff Anna Tanner appeals the final decision of Carolyn Colvin, Acting
Commissioner of Social Security, denying her claims for Disability Insurance Benefits under
Title II of the Social Security Act, 42 U.S.C. §§ 401-434 and Supplemental Security Income
under Title XVI of the Social Security Act, 42 U.S.C. §§ 1381-1383f. The court referred the
case to Magistrate Judge Paul M. Warner pursuant to 28 U.S.C. § 636(b)(1)(B). Judge Warner
issued a thorough analysis and reasoned Report and Recommendation recommending that the
Commissioner’s decision be affirmed. (Dkt. No. 21.) The Plaintiff objected to the Report and
Recommendation (Dkt. No. 22) and the Commissioner filed a Response to the Objection (Dkt.
No. 25). The court has carefully reviewed the decision of the ALJ, the Plaintiff’s Objection and
the Response of the Commissioner. In her objections, the Plaintiff largely repeats and reargues
the same positions considered by the Magistrate Judge. The Plaintiff fails to cite to the record
evidence or legal authority not considered and rejected in the Report and Recommendation. The
court finds that the Magistrate Judge applied the correct standard of review and that the
conclusions are supported by the record the supporting legal authorities. The Report and

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Recommendation is adopted in its entirety.
IT IS THEREFORE ORDERED that the Commissioner’s decision in this case is
AFFIRMED.
SO ORDERED this 15th day of December, 2014.
BY THE COURT:

____________________________________
Clark Waddoups
United States District Judge

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