Summary
affirming an ALJ's denial of benefits where the ALJ relied on testimony from a VE that, based on her experience, someone with the claimant's limitations, including the need for a sit/stand option, could perform the claimant's past work, and that the sit/stand option could be accomplished with an adjustable desk
Summary of this case from Higgins v. BerryhillOpinion
2:12-cv-01504-GMN-GWF
11-05-2013
TRACY CANTRELL, Plaintiff, v. CAROLYN W. COLVIN, Acting Commissioner of Social Security Administration, Defendant.
ORDER ACCEPTING REPORT &
RECOMMENDATION OF MAGISTRATE
JUDGE GEORGE W. FOLEY, JR.
Before the Court for consideration is the Report and Recommendation (ECF No. 25) of the Honorable George W. Foley, Jr., United States Magistrate Judge, entered September 10, 2013, regarding Plaintiff's Motion for Reversal and/or Remand (ECF 23) filed on April 16, 2013, and Defendant's Cross-Motion for Summary Judgment and its Opposition to Plaintiff's Motion for Reversal and/or Remand (ECF No. 24) filed on May 9, 2013.
Pursuant to Local Rule IB 3-2(a), objections were due by September 27, 2013. No objections have been filed. In accordance with 28 U.S.C. § 636(b)(1) and Local Rule IB 1-4, the Court has reviewed the record in this case and has determined that Magistrate Judge Foley's Recommendations should be ACCEPTED.
IT IS THEREFORE ORDERED that Plaintiff's Motion for Reversal and/or Remand (ECF No. 23) is hereby DENIED.
IT IS FURTHER ORDERED that the Commissioner's Cross-Motion for Summary Judgment (ECF No. 24) is hereby GRANTED.
IT IS FURTHER ORDERED that the Clerk of the Court shall enter judgment accordingly.
____________________________
Gloria M. Navarro
United States District Judge