Elawyers Elawyers
Ohio| Change

LACY v. COLVIN, 5:12-cv-327-MW/CAS. (2013)

Court: District Court, N.D. Florida Number: infdco20130910b41 Visitors: 26
Filed: Sep. 06, 2013
Latest Update: Sep. 06, 2013
Summary: ORDER ACCEPTING AND ADOPTING REPORT AND RECOMMENDATION MARK E. WALKER, District Judge. The Court has considered the Magistrate's Report and Recommendation, ECF No 21, filed August 14, 2013. No timely objection having been received, upon consideration IT IS ORDERED: The report and recommendation is accepted and adopted as the Court's opinion. In accepting and adopting the report and recommendation, this Court recognizes that Dr. Dawson should have explained the amount (time/pounds) that Pl
More

ORDER ACCEPTING AND ADOPTING REPORT AND RECOMMENDATION

MARK E. WALKER, District Judge.

The Court has considered the Magistrate's Report and Recommendation, ECF No 21, filed August 14, 2013. No timely objection having been received, upon consideration

IT IS ORDERED:

The report and recommendation is accepted and adopted as the Court's opinion. In accepting and adopting the report and recommendation, this Court recognizes that Dr. Dawson should have explained the amount (time/pounds) that Plaintiff could "frequently lift" in item 6 under "exertional limitations" because Dr. Dawson concluded that Plaintiff could frequently lift and/or carry "less than 10 pounds." While the "inability to lift and or carry more than 1 or 2 pounds would rode the unskilled sedentary occupational base significantly" in some circumstances, Dr. Dawson's failure to elaborate in this case is of no consequence because, as the Magistrate recognized, Plaintiff can occasionally lift and/or carry "10 pounds."

The Clerk shall enter judgment stating, "The decision of the Commissioner to deny Plaintiff's application for social security benefits is AFFIRMED."

The Clerk shall close the file.

SO ORDERED.

Source:  Leagle

Can't find what you're looking for?

Post a free question on our public forum.
Ask a Question
Search for lawyers by practice areas.
Find a Lawyer