Al Abadi v. Colvin

Filing 35

ORDER ADOPTING REPORT AND RECOMMENDATIONS as to 24 Report and Recommendations. The Commissioners decision is AFFIRMED. Case Closed. Signed by Judge Robert J. Shelby on 3/2/2017. (jds)

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

SAHAM M. ABADI,
Plaintiff,

ORDER ADOPTING REPORT AND
RECOMMENDATION

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

Case No. 2:15-cv-773-RJS-PMW
Judge Robert J. Shelby

Defendant.
Magistrate Judge Paul M. Warner

Plaintiff Sahad M. Al Abadi asks the court to review the Social Security Administration’s
decision to deny her benefits. Ms. Al Abadi applied to the Social Security Administration for
supplemental security income under Title XVI of the Social Security Act. After conducting a
hearing, the Administrative Law Judge (ALJ) determined Ms. Al Abadi was not disabled under
section 1614(a)(3)(A) of the Social Security Act.1 Ms. Al Abadi appealed the ALJ’s decision to
the agency’s Appeals Council, which denied her request for review.2 She then filed this appeal of
the Commissioner’s final decision.
This case has been referred to Magistrate Judge Paul M. Warner pursuant to 28 U.S.C. §
636(b)(1)(B). After hearing oral argument, Judge Warner issued a Report and Recommendation,
recommending this court affirm the Commissioner’s decision as supported by substantial
evidence.3 Ms. Al Abadi objected to the Report and Recommendation, arguing the

1

See Admin R. 12–25.
Admin R. 1–6.
3
Dkt. 24.
2

Commission’s decision was not supported by substantial evidence because the testimony of the
vocational expert, which was accepted by the ALJ, supported a disability finding. This was the
same argument Ms. Al Abadi made in her initial briefing, and at oral argument, before the
Magistrate Judge.4 After conducting a de novo review, the court concludes the Report and
Recommendation correctly rejected this argument for the reasons detailed therein.
Because the court concludes the Report and Recommendation correctly states and applies
the law and is supported by the record, the court adopts the Report and Recommendation in its
entirety. The Commissioner’s decision is AFFIRMED.
SO ORDERED this 2nd day of March, 2017.
BY THE COURT:

__________________________
ROBERT J. SHELBY
United States District Judge

4

See Dkt. 17.