Summary
The United States District Court for the Southern District of Ohio adopted the magistrate judge’s Report and Recommendation in a Social Security disability benefits action. The court overruled the plaintiff’s Statement of Errors, affirmed the Commissioner’s non-disability determination, and dismissed the case from the court’s docket.
Holdings
- The ALJ did not reversibly err in evaluating the Listings, plaintiff's subjective symptoms, or the medical opinion and prior administrative-finding evidence, and the Commissioner's non-disability determination was supported by substantial evidence.
- When no objections are filed to a magistrate judge's Report and Recommendation on a dispositive matter, the district court is not required to conduct de novo review of the recommendation.
Questions Presented
- Whether the ALJ erred at step three by failing to evaluate Listing 12.05 and by finding that plaintiff did not meet or equal Listings 12.04, 12.06, 12.10, or 12.11.
- Whether substantial evidence supported the ALJ's evaluation of plaintiff's subjective symptoms.
- Whether the ALJ properly evaluated the medical opinion evidence and prior administrative findings.
- Whether the district court should adopt the magistrate judge's Report and Recommendation when no timely objections were filed.
Disposition
affirmed
Cases Cited (6)
- Howard v. Comm'r of Soc. Sec., 276 F.3d 235, 239 (6th Cir. 2002)(followed)
- Blakley v. Comm'r of Soc. Sec., 581 F.3d 399, 406 (6th Cir. 2009)(followed)
- Baker v. Peterson, 67 F. App'x 308, 310 (6th Cir. 2003)(followed)
- Thomas v. Arn, 474 U.S. 140, 152 (1985)(followed)
- Weir v. Centurion, No. 3-19-CV-00131, 2021 WL 5165930, at *1 (M.D. Tenn. Nov. 5, 2021)(followed)
- Mira v. Marshall, 806 F.2d 636, 637 (6th Cir. 1986) (per curiam)(followed)
Cited In (0)
No citing cases on record yet.
Court Document
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