Kenereis George v. Commissioner of Social Security

Summary

The United States District Court for the Western District of Louisiana overruled Kenereis George’s objections to the Magistrate Judge’s report and recommendation in an appeal from the Commissioner of Social Security’s finding of non-disability. The court held that although the Magistrate Judge cited superseded Social Security Ruling 96-7p rather than SSR 16-3p, the difference was largely semantic and did not affect the outcome. The court adopted the report and recommendation and affirmed the Commissioner’s decision.

Holdings

1. Social Security Ruling 16-3p superseded Social Security Ruling 96-7p and eliminated the term "credibility," but the change was largely semantic and did not require a different result where the magistrate judge's reasoning and conclusions were correct under either standard.
2. The Commissioner's decision is affirmed because the magistrate judge's reasoning and conclusions were correct under either SSR 96-7p or SSR 16-3p, and the remaining objections did not warrant a different result.

Questions Presented

1. Whether reliance on Social Security Ruling 96-7p rather than Social Security Ruling 16-3p required rejection of the magistrate judge's report and recommendation.
2. Whether the Commissioner's non-disability determination should be affirmed after independent review of the record.

Disposition

affirmed