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Kirkman v. Astrue

United States District Court, M.D. North Carolina
Sep 15, 2011
1:08CV273 (M.D.N.C. Sep. 15, 2011)

Opinion

1:08CV273.

September 15, 2011


ORDER


The Recommendation of the United States Magistrate Judge was filed in this case on November 4, 2009 [Doc. # 16]. Objections to the Recommendation [Doc. # 18] were filed on November 5, 2009. The scope of review for a final decision on disability benefits under the Social Security Act, 42 U.S.C. §§ 301 et seq. is restricted to whether the findings of the Secretary are supported by substantial evidence and whether the correct law was applied. 42 U.S.C. § 405(g) ("The findings of the Secretary as to any fact, if supported by substantial evidence, shall be conclusive. . . ."); See also Hays v. Sullivan, 907 F.2d 1453, 1456 (4th Cir. 1990).

Review was conducted pursuant to this standard and the Court now finds the Magistrate Judge's Recommendation was indeed based on substantial evidence. The Court therefore adopts the Magistrate Judge's Recommendation in full. Based on the foregoing, the Plaintiff's Motion for Summary Judgment [Doc. # 11] is DENIED, the Commissioner's Motion for Judgment on the Pleadings [Doc. # 14] is GRANTED, the Commissioner's Decision is AFFIRMED, and judgment is entered in favor of the Commissioner.


Summaries of

Kirkman v. Astrue

United States District Court, M.D. North Carolina
Sep 15, 2011
1:08CV273 (M.D.N.C. Sep. 15, 2011)
Case details for

Kirkman v. Astrue

Case Details

Full title:RHONDA KIRKMAN, Plaintiff, v. MICHAEL J. ASTRUE, Commissioner of Social…

Court:United States District Court, M.D. North Carolina

Date published: Sep 15, 2011

Citations

1:08CV273 (M.D.N.C. Sep. 15, 2011)