Summary
affirming ALJ's reject of IQ tests administered by an unknown person in part because "[n]o independent report from that individual is in the record, which is an omission that on its own casts doubt on the value of the IQ scores because the regulations require that IQ testing include both the objective data and a narrative report that discusses whether or not the scores are considered valid and consistent with the individual's developmental history and degree of functional restriction"
Summary of this case from Lavender v. ColvinOpinion
NO. 4:07-CV-093-A.
January 30, 2008
ORDER
Came on for consideration the above-captioned action wherein Michael Henderson is plaintiff and Michael J. Astrue, Commissioner of Social Security, is defendant. This is an action for judicial review of a final decision of the Commissioner denying plaintiff's claim for disability insurance benefits under Title II of the Social Security Act and supplemental security income benefits under Title XVI of the Social Security Act. On January 8, 2008, the United States Magistrate Judge issued his proposed findings, conclusions, and recommendation and granted the parties until January 29, 2008, in which to file and serve objections. Because timely objections have not been filed, the court accepts the proposed findings, conclusions, and recommendation of the United States Magistrate Judge. Therefore,
The court ORDERS that the decision of defendant that plaintiff was not entitled to disability insurance benefits or supplemental security income benefits be, and is hereby, affirmed.