Summary
describing as "fundamentally flawed" the plaintiff's argument that, because the ALJ found a severe impairment at step two, "she was bound to include functional limitations in the RFC finding to account for [the impairment]"
Summary of this case from Crabtree v. BerryhillOpinion
Civil Action No. 2:14-cv-11582
03-13-2015
MARILYN GOODWIN, on behalf of JENNIFER ANN ATKINSON, Plaintiff, v. CAROLYN W. COLVIN, Acting Commissioner of Social Security, Defendant.
MEMORANDUM OPINION AND ORDER
The court having received the Proposed Findings and Recommendation of United States Magistrate Judge Cheryl A. Eifert, entered on February 19, 2015; and the magistrate judge having recommended that the court deny plaintiff's motion for judgment on the pleadings; grant defendant's motion for judgment on the pleadings; affirm the final decision of the Commissioner; dismiss this matter from the court's docket; and no objection having been filed to the Proposed Findings and Recommendation, it is ORDERED that:
1. The Proposed Findings and Recommendation of the magistrate judge be, and they hereby are, adopted by the court and incorporated herein;
2. The plaintiff's motion for judgment on the pleadings, and it hereby is, denied;
3. The defendant's motion for judgment on the pleadings is granted;
4. The final decision of the Commissioner be, and it hereby is, affirmed; and
5. The case be, and hereby is, dismissed from the docket of this court.
The Clerk is directed to forward copies of this written opinion and order to all counsel of record and the United States Magistrate Judge.
DATED: March 13, 2015
/s/_________
John T. Copenhaver, Jr.
United States District Judge