Schultz v. Astrue

Filing 18

ORDER denying 10 Motion for Summary Judgment; granting 12 Motion for Summary Judgment; adopting Report and Recommendations re 16 Report and Recommendations for 16 Report and Recommendations, and striking from the active docket. Signed by District Judge Michael F. Urbanski on 2/21/14. (mka)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF VIRGINIA
ROANOKE DIVISION
BETTY ANN SCHULTZ,

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

Civil Action No. 7:12cv511
By:

Michael F. Urbanski
United States District Judge

ORDER
This matter was referred to the Honorable Robert S. Ballou, 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 January 27, 2014,
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 has filed objections to the report and recommendation.
Plaintiff objects on the basis that the magistrate judge erred in failing to consider (1) the
amount and frequency of treatment for plaintiff’s medical conditions; (2) plaintiff’s obesity; and
(3) plaintiff’s advanced age. 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 was correct in concluding that there is substantial evidence in the
record to support the ALJ’s determination that plaintiff was capable of performing light work
with limitations, could return to her past relevant work as a real estate sales agent, household
appliance salesperson, mortgage clerk, and secretary, and that she is not disabled. 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. 10) is DENIED, the Commissioner’s motion for summary judgment (Dkt.
No. 12) is GRANTED, the report and recommendation (Dkt. No. 16) 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: February 21, 2014

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

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