Pittman v. Astrue

Filing 20

ORDER denying 12 Motion for Summary Judgment; granting 15 Motion for Summary Judgment; adopting 17 Report and Recommendations. Signed by District Judge Michael F. Urbanski on 11/19/2013. (jat)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF VIRGINIA
HARRISONBURG DIVISION

JENNIFER B. PITTMAN,
Plaintiff,
v.
CAROLYN W. COLVIN,1
Commissioner of Social Security,

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Civil Action No.: 5:13cv0001

By: Hon. Michael F. Urbanski
United States District Judge

Defendant.
ORDER
This matter was referred to the Honorable B. Waugh Crigler, United States Magistrate
Judge, pursuant to 28 U.S.C. § 636(b)(1)(B), for proposed findings of fact and a recommended
disposition. The magistrate judge filed a report and recommendation on September 10, 2013,
recommending that plaintiff’s motion for summary judgment be denied, the Commissioner’s
motion for summary judgment be granted and the Commissioner’s final decision be affirmed.
Plaintiff Jennifer B. Pittman (“Pittman”) has filed objections to the report and recommendation.
The court has reviewed the magistrate judge’s report, the objections to the report, and the
pertinent portions of the administrative record and, in so doing, made a de novo determination of
those portions of the report to which the plaintiff objected. The court finds that the magistrate
judge properly concluded that there is substantial evidence in the record to support the ALJ’s
determination, particularly the weight he assigned to the opinions of Pittman’s treating
physicians, which the magistrate judge correctly observed to be at the core of Pittman’s

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Carolyn W. Colvin became the Acting Commissioner of Social Security on February 14, 2013. Pursuant to
Federal Rule of Civil Procedure 25(d), Carolyn W. Colvin should be substituted for Michael J. Astrue as the
defendant.

challenge to the Commissioner’s decision. Accordingly, the court accepts the magistrate judge’s
recommendation that the Commissioner’s decision should be affirmed.
It is therefore ORDERED and ADJUDGED that plaintiff’s motion for summary
judgment (Dkt. No. 12) is DENIED, the Commissioner’s motion for summary judgment (Dkt.
No. 15) is GRANTED, the report and recommendation (Dkt. No. 17) is ADOPTED in its
entirety, the Commissioner’s decision is AFFIRMED, and this matter is STRICKEN from the
active docket of the court.
The Clerk is directed to send a certified copy of this Order to all counsel of record.
Entered: November 19, 2013

/s/ Michael F. Urbanski
Michael F. Urbanski
United States District Judge

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