Opinion
Case No. 3:06-cv-854-J-32MCR.
March 29, 2008
ORDER
Under the E-Government Act of 2002, this is a written opinion and therefore is available electronically. However, it has been entered only to decide the motion or matter addressed herein and is not intended for official publication or to serve as precedent.
This case is before the Court on Plaintiff's appeal of an administrative decision denying his claim for disability and disability insurance benefits under the Social Security Act (Doc. 1). The parties filed briefs and the administrative record and, upon review of these filings, the assigned United States Magistrate Judge issued a Report and Recommendation (Doc. 17) recommending that the Commissioner's decision be affirmed. Plaintiff filed objections to the Report and Recommendation (Doc. 18). The Commissioner did not respond to the objections and the time in which to do so has now passed.
It is indeed an unusual case where a plaintiff has a diagnosis of and record of treatment for coronary artery disease but where such an impairment has been found not to be "severe" at Step 2 of the Social Security sequential evaluation. However, as the Magistrate Judge explained in his opinion, the "severity" of a disability is measured for these purposes not by its deviation from the norm, but "in terms of its effect upon ability to work." See Report and Recommendation at 13 (quoting McCruter v. Bowen, 791 F.2d 1544, 1547 (11th Cir. 1986), and 20 C.F.R. § 404.1521(a) (2003)). In this case, the Magistrate Judge found, as did the ALJ, that "there is no evidence whatsoever in the record which demonstrates [plaintiff's heart disease] would significantly limit her ability to do basic work activities." Report and Recommendation at 13. Indeed, none of plaintiff's doctors placed her on any restrictions during her insured period. Id. It is plaintiff's burden to demonstrate the severity of an impairment at Step 2 of the sequential evaluation. Bowen v. Yuckert, 482 U.S. 137, 146 n. 5 (1987). Plaintiff's objections to the Report and Recommendation fail to demonstrate that she has or can meet this burden. Therefore, for the reasons stated in the Report and Recommendation issued by the Magistrate Judge (Doc. 17), it is hereby
ORDERED:
1. Plaintiff's objections to the Report and Recommendation (Doc. 18) are OVERRULED, the request for oral argument is DENIED and the Report and Recommendation (Doc. 17) of the Magistrate Judge is ADOPTED as the opinion of the Court.
2. Pursuant to sentence four of 42 U.S.C. §§ 405(g) and 1383(c)(3), the decision of the Commissioner is hereby AFFIRMED.
3. The Clerk is hereby directed to enter judgment accordingly and to close the file.
DONE AND ORDERED at Jacksonville, Florida.