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finding that where "the language describing the other limitations in the two RFC's is not identical" but " both sets of restrictions track closely and are substantively the same," and where the RFC in the current decision appears to be more restrictive than in the prior decision, "the plaintiff has not shown any harm in the ALJ's deviation from the previous RFC finding"
Summary of this case from Washington v. Soc. Sec. Admin.Opinion
Case No. 14-cv-14436
03-04-2016
VICKY JEANETTE SIEGRIST, Plaintiff, v CAROLYN W. COLVIN, Commissioner of social security, Defendant.
Magistrate Judge Stephanie Dawkins Davis ORDER ADOPTING THE REPORT AND RECOMMENDATION , DENYING PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT, GRANTING DEFENDANT'S MOTION FOR SUMMARY JUDGMENT, AND AFFIRMING THE DECISION OF THE COMMISSIONER
Plaintiff Vicky Jeanette Siegrist, a 53-year-old, filed an applications for Supplemental Security Income on January 27, 2012 alleging disability beginning January 6, 2012. After her claim was denied by the Commissioner on May 9, 2012, Siegrist timely requested an administrative hearing. On May 21, 2013 the ALJ issued a written decision finding that Siegrist's low back pain, hypothyroidism stats post thyroidectomy, orthostatic hypotension, depression, and post-traumatic stress disorder were severe at step-two, but at step-three determined the no combination of impairments met or equaled a listed impairment in the regulations. The ALJ then determined that Siegrist was capable of performing a significant number of jobs in the national economy under step five. The ALJ therefore concluded that Siegrist was not disabled within the meaning of the Act. After the Commissioner denied Siegrist's request for review, Siegrist appealed to this Court on November 19, 2014, alleging that the Commissioner erred in concluding that she was not disabled. See ECF No. 1.
Plaintiff Siegrist filed a motion for summary judgment on March 16, 2015. ECF No. 11. Defendant Commissioner then filed a motion for summary judgment on June 2, 2015. ECF No. 14. On February 17, 2016 Magistrate Judge Stephanie Dawkins Davis issued a report and recommendation. ECF No. 15. Reviewing the Commissioner's decision under a "substantial evidence" standard, the magistrate judge concluded that the ALJ's determination that Siegrist is not disabled was supported by substantial evidence in the record. Id. The magistrate judge therefore recommended that Siegrist's motion for summary judgment be denied, Defendant Commissioner's motion for summary judgment be granted, and the Commissioner's decision be affirmed.
Although the magistrate judge's report explicitly stated that the parties to this action could object to and seek review of the recommendation within fourteen days of service of the report, neither Plaintiff nor Defendant filed any objections. The election not to file objections to the magistrate judge's report releases the Court from its duty to independently review the record. Thomas v. Arn, 474 U.S. 140, 149 (1985). The failure to file objections to the report and recommendation waives any further right to appeal.
Accordingly, it is ORDERED that the magistrate judge's report and recommendation, ECF No. 15, is ADOPTED.
It is further ORDERED that Plaintiff Vicky Jeanette Siegrist's motion for summary judgment, ECF No. 11, is DENIED.
It is further ORDERED that Defendant Commissioner's motion for summary judgment, ECF No. 14, is GRANTED.
It is further ORDERED that the Commissioner of Social Security's decision is AFFIRMED.
s/Thomas L. Ludington
THOMAS L. LUDINGTON
United States District Judge Dated: March 4, 2016
PROOF OF SERVICE
The undersigned certifies that a copy of the foregoing order was served upon each attorney or party of record herein by electronic means or first class U.S. mail on March 4, 2016.
s/Michael A. Sian
MICHAEL A. SIAN, Case Manager