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MILLER v. COLVIN, CV513-057. (2014)

Court: District Court, S.D. Georgia Number: infdco20140611c76 Visitors: 9
Filed: Jun. 10, 2014
Latest Update: Jun. 10, 2014
Summary: ORDER LISA GODBEY WOOD, Chief District Judge. Presently before the Court are Plaintiff's Objections to the Magistrate Judge's May 1, 2014, Report and Recommendation. The Magistrate Judge recommended that the decision of the Commissioner be affirmed. Plaintiff requests the Court remand her case pursuant to 42 U.S.C. 405(g). In her Objections, Plaintiff asserts that the AU, Commissioner, and Magistrate Judge improperly relied on post hoc reasons to find that the ALJ established good cause to
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ORDER

LISA GODBEY WOOD, Chief District Judge.

Presently before the Court are Plaintiff's Objections to the Magistrate Judge's May 1, 2014, Report and Recommendation. The Magistrate Judge recommended that the decision of the Commissioner be affirmed. Plaintiff requests the Court remand her case pursuant to 42 U.S.C. § 405(g). In her Objections, Plaintiff asserts that the AU, Commissioner, and Magistrate Judge improperly relied on post hoc reasons to find that the ALJ established good cause to discount Plaintiffs treating psychiatrist's opinion.

The AL's decision to discount Plaintiffs treating psychiatrist's opinion is supported by substantial evidence because such opinion was not bolstered by the evidence of record and did not support a contrary conclusion, which establishes good cause. Furthermore, it is not necessary for an ALJ to give a treating physician's opinion considerable weight if Plaintiffs own testimony contradicts such opinion. Plaintiff states that the Magistrate Judge failed to address the other portions of the treating psychiatrist's 2011 opinion. This opinion adds little to the treating psychiatrist's earlier opinions and the majority of this opinion concerns whether malingering or dissimulation occurred during her psychological testing, which was addressed and considered by the ALJ and the Magistrate Judge.

Plaintiff asserts that the Commissioner failed to explain why good cause existed to discount the treating psychiatrist's 2009 opinion. However, the ALJ determined that, because this opinion was not based on objective evidence, but on Plaintiff's subjective account of her symptoms and was not consistent with the record as a whole, it deserved less than substantial consideration. This decision is supported by substantial evidence. Plaintiff's Objections are overruled. The Magistrate Judge's Report and Recommendation is adopted as the opinion of the court.

SO ORDERED.

Source:  Leagle

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