Summary
rejecting contention that ALJ erred by failing to address mental demands of claimant's past relevant work where it was undisputed that claimant had no severe mental impairment; there was no evidence that her mental abilities otherwise declined after she ceased working as bakery manager; claimant graduated from high school, had 60 hours of college credit, and obtained certification as a teacher's aide; ALJ found no work-related mental restrictions; and claimant had not shown that ALJ's failure to assess mental restrictions was unsupported by substantial evidence
Summary of this case from Bennett v. AstrueOpinion
NO. 4:07-CV-552-A.
December 5, 2008
ORDER
Came on for consideration the above-captioned action wherein Donna Shearer is plaintiff and Michael J. Astrue, Commissioner of Social Security, is defendant. This is an action for judicial review of a final decision of the Commissioner denying plaintiff's claim for disability benefits under Tittle II and supplemental security income or SSI benefits under Title XVI of the Social Security Act. On November 13, 2008, the United States Magistrate Judge issued his proposed findings, conclusions, and recommendation and granted the parties until December 4, 2008, in which to file and serve objections. Because timely objections have not been filed, the court accepts the proposed findings, conclusions, and recommendation of the United States Magistrate Judge. Therefore,
The court ORDERS that the decision of defendant that plaintiff was not entitled to disability benefits or SSI benefits be, and is hereby, affirmed.