Cosper v. Commissioner of Social Security Administration

Filing 18

ORDER ADOPTING REPORT AND RECOMMENDATION AFFIRMING DEFENDANT'S DECISION TO DENY BENEFITS, signed by Judge Robert J. Bryan. (DK)

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT TACOMA

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WINDY COSPER,
Case No. C13-5047 RJB

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

ORDER ADOPTING REPORT AND
RECOMMENDATION AFFIRMING
DEFENDANT’S DECISION TO DENY
BENEFITS

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Defendant.

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This matter comes before the Court on the Report and Recommendation of United States
Magistrate Judge Karen L. Strombom. Dkt. 16. The Court has considered the Report and
Recommendation, Objections to the Report and Recommendation, and the remaining record.
The Report and Recommendation recommends affirming the commissioner’s decision to

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deny Plaintiff’s claim for disability benefits under the Social Security Act. Dkt. 16. After
review of the Report and Recommendation, and Plaintiff’s Objections (Dkt. 17), this Court

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concludes that the Commissioner’s decision should be upheld, the Report and Recommendation

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adopted, and this case closed.

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Plaintiff’s Objections to the Report and Recommendation are a reiteration of his prior
pleadings and are addressed in the Report and Recommendation. First, Plaintiff asserts that the

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Magistrate Judge “overlooks the relevance of the Strauss [v. Commissioner of the Social Security
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Administration, 635 F.3d 1135 (9th Cir. 2011)] decision in this case.” Dkt. 17 p. 3. The Court
disagrees. The Magistrate Judge took Strauss into consideration and found it did not support
ORDER - 1

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Plaintiff’s assertions and also that it was clearly distinguishable from the present case. Dkt. 16 p.

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7. Second, the Magistrate Judge properly found the ALJ’s credibility determination supported

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by substantial evidence. The law of the case doctrine does not preclude the ALJ from re-

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evaluating Plaintiff’s testimony and credibility on remand where this Court specifically directed

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the ALJ to re-evaluate plaintiff’s testimony and credibility on remand – without any express or
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implied limitation on the reasons for discounting her credibility that again could be considered.
Dkt. 16 pp. 7-13.

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The Court, having reviewed Plaintiff's complaint, the Report and Recommendation of

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Judge Karen L. Strombom, United States Magistrate Judge, and Objections to the Report and

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Recommendation, and the remaining record, does hereby find and ORDER:

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(1)

The Court adopts the Report and Recommendation (Dkt. 16);

(2)

The administrative decision is AFFIRMED;

(3)

The Clerk is directed to send copies of this Order to Plaintiff’s counsel, Defendant’s

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counsel and Magistrate Judge Karen L. Strombom.
DATED this 27th day of December, 2013.

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A

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ROBERT J. BRYAN
United States District Judge

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ORDER - 2