Opinion
No. 00-72006
March 20, 2001
OPINION AND ORDER ADOPTING MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION
On February 7, 2001, Magistrate Judge Wallace Capel, Jr. issued a Report and Recommendation ("R R") recommending that the Court deny Plaintiff's Motion for Summary Judgment and grant Defendant's Motion for Summary Judgment. Plaintiff filed objections to the R R on February 20, 2001. The Court has now reviewed the parties' motions, the R R, Plaintiff's objections, and the other materials in the record. For the reasons discussed briefly below, the Court agrees with the thorough analysis of the Magistrate Judge, and adopts the R R in its entirety.
Although Plaintiff purports to set forth seven separate objections to the R R, her principal complaint appears to be that the Magistrate Judge did not fully consider the entire medical record in concluding that the medical evidence fails to support Plaintiff's allegations of disabling conditions during the relevant time period in late 1993. For example, Plaintiff cites her treatment for injuries suffered in an automobile accident in 1986, and her physician visits dating back to 1981 for treatment of back pain.
Upon independent review of the R R in light of the administrative record, however, this Court cannot agree that the Magistrate Judge overlooked any medical evidence in determining that the ALJ's decision is supported by substantial evidence. To the contrary, the Magistrate Judge thoroughly and painstakingly reviewed the entirety of Plaintiff's lengthy medical record, and aptly observed that it fails to sustain Plaintiff's claims of disabling conditions. While it is apparent that Plaintiff has been treated for various conditions over the years, and that she has suffered from some degree of pain in her back, neck, arm, and shoulder, the Magistrate Judge identified three specific bases for concluding that this evidence is insufficient to overturn the ALJ's decision: (i) the lack of objective medical findings that any of Plaintiff's impairments rose to the level of a disabling condition; (ii) Plaintiff's reliance on only over-the-counter medication to treat her pain during the relevant period; and (iii) the inconsistency between Plaintiff's claims of disabling pain and other severe impairments, on one hand, and her reports of her various, often vigorous activities, on the other. The Court finds that this comprehensive analysis belies Plaintiff's claim that the R R failed to account for the entire medical record.
Accordingly, for these reasons,
NOW, THEREFORE, IT IS HEREBY ORDERED that the Magistrate Judge's February 7, 2001 Report and Recommendation is ADOPTED in its entirety.
IT IS FURTHER ORDERED that Plaintiff's Motion for Summary Judgment is DENIED, and that Defendant's Motion for Summary Judgment is GRANTED.
JUDGMENT OF DISMISSAL
The Court having this day entered an Opinion and Order adopting the Magistrate Judge's February 7, 2001 Report and Recommendation, denying Plaintiff's motion for summary judgment, and granting Defendant's motion for summary judgment,
NOW, THEREFORE, IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that this case be, and hereby is, dismissed in its entirety with prejudice.