Hammond v. Colvin

Filing 23

ORDER ADOPTING REPORT AND RECOMMENDATIONS by Judge Benjamin H. Settle re 21 Objections to Report and Recommendation filed by Donna L. Hammond. (TG)

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT TACOMA

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DONNA L. HAMMOND,
Plaintiff,

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v.

CASE NO. C16-6018 BHS
ORDER ADOPTING REPORT
AND RECOMMENDATION

NANCY A. BERRYHILL, Acting
Commissioner of Social Security,

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Defendant.
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This matter comes before the Court on the Report and Recommendation (“R&R”)

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of the Honorable Mary Alice Theiler, United States Magistrate Judge (Dkt. 20), and

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Plaintiff Donna Hammond’s (“Hammond”) objections to the R&R (Dkt. 21).

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On August 10, 2017, Judge Theiler issued the R&R recommending that the Court

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affirm the Administrative Law Judge’s (“ALJ”) denial of Hammond’s application for

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benefits. Dkt. 20. On August 14, 2017, Hammond filed objections, and the Government

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responded. Dkts. 21, 22.

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The district judge must determine de novo any part of the magistrate judge’s
disposition that has been properly objected to. The district judge may accept, reject, or

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ORDER - 1

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modify the recommended disposition; receive further evidence; or return the matter to the

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magistrate judge with instructions. Fed. R. Civ. P. 72(b)(3).

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In this case, Hammond objects to Judge Theiler’s consideration of the medical

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evidence. Dkt. 21. In almost every case there are competing medical opinions and

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assessments forcing an ALJ to accept some opinions and reject others. This is one of

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those cases. The Court has reviewed the ALJ’s decision and the R&R and finds that the

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ALJ gave adequate explanations for assigning different weights to different opinions.

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Similarly, Judge Theiler provides a thorough discussion of these issues, and Hammond

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fails to show any error in the R&R. Therefore, the Court having considered the R&R,

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Hammond’s objections, and the remaining record, does hereby find and order as follows:

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(1)

The R&R is ADOPTED;

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(2)

The ALJ’s decision is AFFIRMED; and

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(3)

The Clerk shall enter JUDGMENT in favor of Defendant and close this

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case.
Dated this 10th day of October, 2017.

A

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BENJAMIN H. SETTLE
United States District Judge

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ORDER - 2