Summary
affirming ALJ's decision where plaintiff established that he weighed in excess of what an industry standard chair could withstand but he did "not point to any opinion evidence that he has limitations which would require a special chair"
Summary of this case from Innocent v. SaulOpinion
Case No. 1:18-cv-191
03-08-2019
MARK T. HOLCOMB, Plaintiff, v. COMMISSIONER OF SOCIAL SECURITY, Defendant.
OPINION & ORDER
[Resolving Doc. 16] :
In August 2014, Plaintiff Mark Holcomb applied for period of disability benefits, disability insurance benefits, and supplemental security income.
Doc. 8 at 267, 274.
The Social Security Administration denied his application initially and on reconsideration. At Holcomb's request, an administrative law judge ("ALJ") considered his case. The ALJ concluded that Plaintiff Holcomb was not disabled. The Social Security Appeals Council denied Plaintiff's request for review.
Id. at 100-23, 125-49, 152-65, 166-79.
See id. at 41-81.
Id. at 18-35.
Id. at 5.
Holcomb then brought this suit, asking the Court to reverse the ALJ's decision. He argues that the ALJ failed to give proper weight to his treating physician's opinion and erred in the vocational analysis. Magistrate Judge Ruiz issued a Report and Recommendation ("R&R") recommending that the Court affirm the ALJ's decision.
Doc. 1.
Doc. 10.
Doc. 16.
If a party had objected to this R&R, the Court would consider the objected-to portions de novo. However, because neither party has objected, the Court may adopt the R&R without review.
Thomas v. Arn, 474 U.S. 140, 149 (1985). --------
Moreover, the Court has conducted its own review of the briefing and record and agrees with Judge Ruiz—the evidence sufficiently supported the ALJ's conclusion.
Accordingly, the Court ADOPTS Magistrate Judge Ruiz's R&R and AFFIRMS the ALJ's decision.
IT IS SO ORDERED. Dated: March 8, 2019
s/ James S . Gwin
JAMES S. GWIN
UNITED STATES DISTRICT JUDGE