Hammond v. Colvin
ORDER ADOPTING REPORT AND RECOMMENDATIONS by Judge Benjamin H. Settle re 21 Objections to Report and Recommendation filed by Donna L. Hammond. (TG)
UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
DONNA L. HAMMOND,
CASE NO. C16-6018 BHS
ORDER ADOPTING REPORT
NANCY A. BERRYHILL, Acting
Commissioner of Social Security,
This matter comes before the Court on the Report and Recommendation (“R&R”)
of the Honorable Mary Alice Theiler, United States Magistrate Judge (Dkt. 20), and
Plaintiff Donna Hammond’s (“Hammond”) objections to the R&R (Dkt. 21).
On August 10, 2017, Judge Theiler issued the R&R recommending that the Court
affirm the Administrative Law Judge’s (“ALJ”) denial of Hammond’s application for
benefits. Dkt. 20. On August 14, 2017, Hammond filed objections, and the Government
responded. Dkts. 21, 22.
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
ORDER - 1
modify the recommended disposition; receive further evidence; or return the matter to the
magistrate judge with instructions. Fed. R. Civ. P. 72(b)(3).
In this case, Hammond objects to Judge Theiler’s consideration of the medical
evidence. Dkt. 21. In almost every case there are competing medical opinions and
assessments forcing an ALJ to accept some opinions and reject others. This is one of
those cases. The Court has reviewed the ALJ’s decision and the R&R and finds that the
ALJ gave adequate explanations for assigning different weights to different opinions.
Similarly, Judge Theiler provides a thorough discussion of these issues, and Hammond
fails to show any error in the R&R. Therefore, the Court having considered the R&R,
Hammond’s objections, and the remaining record, does hereby find and order as follows:
The R&R is ADOPTED;
The ALJ’s decision is AFFIRMED; and
The Clerk shall enter JUDGMENT in favor of Defendant and close this
Dated this 10th day of October, 2017.
BENJAMIN H. SETTLE
United States District Judge
ORDER - 2
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