Searcy v. Colvin

Filing 26

ORDER AFFIRMING COMMISSIONER, re 24 Objections to Report and Recommendation filed by Danna M Searcy. Signed by Judge Robert J. Bryan. (JL)

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE

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07 DANNA SEARCY
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Plaintiff,
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v.
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CAROLYN W. COLVIN, Acting
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Commissioner of Social Security,
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Defendant.
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____________________________________ )

CASE NO. C14-5322-RJB-JLW

ORDER AFFIRMING
COMMISSIONER

The Court has reviewed the entire record, including the Administrative Record, the

14 memoranda of the parties, plaintiff’s objections, and the Report and Recommendation of
15 United States Magistrate Judge John L. Weinberg. It is therefore ORDERED:
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(1)

In her objections, plaintiff maintains that the Report and Recommendation was

17 in error because (A) both the Report and Recommendation and the ALJ ignored the objective
18 evidence of annular tears and facet arthropathy, improperly relied on a non-physician record
19 reviewer instead of the findings of an orthopedist, and failed to properly evaluate MRI results;
20 (B) there was no affirmative evidence of malingering; and (C) plaintiff’s daily activities did not
21 show that she had the ability to sustain work, given that there was hard objective evidence of
22 annular tears and comprehensive lumbar facet arthropathy. Dkt. 24.

ORDER AFFIRMING COMMISSIONER
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The court agrees with the magistrate judge who concluded that the ALJ did not err in

02 assessment of plaintiff’s credibility regarding her symptom severity and residual functional
03 capacity. The Report and Recommendation carefully analyzed plaintiff’s claims; the court
04 agrees with that analysis. The Court adopts the Report and Recommendation;
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(2)

The Court AFFIRMS the decision of the Commissioner; and

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(3)

The Clerk shall direct copies of this Order to all counsel and to Judge Weinberg.

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DATED this 23rd day of December, 2014.

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A
ROBERT J. BRYAN
United States District Judge

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ORDER AFFIRMING COMMISSIONER
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