Elawyers Elawyers
Ohio| Change

Shelly W. v. Berryhill, 1:17-cv-39-DB. (2018)

Court: District Court, D. Utah Number: infdco20181002o38 Visitors: 7
Filed: Sep. 28, 2018
Latest Update: Sep. 28, 2018
Summary: ORDER ADOPTING REPORT AND RECOMMENDATION DEE BENSON , District Judge . Before the Court is the Report and Recommendation issued by United States Magistrate Judge Paul Warner on August 28, 2018, recommending that the final decision of the Acting Commissioner of Social Security be affirmed. (Dkt. No. 29.) The parties were notified of their right to file objections to the Report and Recommendation within 14 days of service pursuant to 28 U.S.C. 636 and Fed. R. Civ. P. 72. Plaintiff filed a t
More

ORDER ADOPTING REPORT AND RECOMMENDATION

Before the Court is the Report and Recommendation issued by United States Magistrate Judge Paul Warner on August 28, 2018, recommending that the final decision of the Acting Commissioner of Social Security be affirmed. (Dkt. No. 29.) The parties were notified of their right to file objections to the Report and Recommendation within 14 days of service pursuant to 28 U.S.C. § 636 and Fed. R. Civ. P. 72. Plaintiff filed a timely Objection on September 11, 2018. (Dkt. No. 30.) Defendant responded to Plaintiff's Objection on September 19, 2018. (Dkt. No. 31.)

In her Objection, Plaintiff makes three arguments: 1) that the ALJ failed to properly weigh the medical opinion evidence and failed to properly determine her residual functional capacity; 2) the ALJ failed to properly evaluate her credibility; and 3) the Appeals Council failed to properly consider new evidence, including a decision from the Office of Personnel Management, which found that she was disabled. (Dkt. No. 30.) Each of the arguments made in the Objection was considered and addressed by Magistrate Judge Warner in his Report and Recommendation.

This court has completed a de novo review of all materials, including the record that was before the magistrate judge and the reasoning set forth in the Report and Recommendation. The court has also considered the arguments set forth in the Objection. The analysis and conclusion of the magistrate judge are correct and the Report and Recommendation will be adopted.

IT IS HEREBY ORDERED that the Report and Recommendation is ADOPTED and the Commissioner's decision is AFFIRMED.

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