Opinion
Civil Action 3:20cv564
12-16-2021
TRACEY H.J., Plaintiff, v. KILOLO KIJAKAZI, Acting Commissioner of Social Security, Defendant.
FINAL ORDER
M. Hannah Lauck, United States District Judge
This matter comes before the Court on the December 1, 2021 Report and Recommendation issued by the Honorable Mark R. Colombell, United States Magistrate Judge (the “R&R”). (ECF No. 34). The R&R recommends that Plaintiffs Motion for Summary Judgment be denied and Defendant's Motion for Summary Judgment be granted because the Administrative Law Judge (“ALJ”): (1) properly assessed Plaintiffs residual functional capacity by considering the totality of the evidence; (2) properly considered Plaintiffs subjective complaints of pain; and, (3) properly assessed Dr. Higg's treatment records. Plaintiff has not filed objections to the R&R, and the time to do so has expired. (See R&R 26 (providing Plaintiff fourteen days to file objections).)
Finding no error, the Court:
(1) ADOPTS the findings and recommendations as set forth in the R&R, (ECF No. 34);
(2) DENIES Plaintiffs Motion for Summary Judgment, (ECF No. 27);
(3) GRANTS Defendant's Motion for Summary Judgment, (ECF No. 28);
(4) AFFIRMS the decision of the Commissioner; and, (5) DIRECTS the Clerk to CLOSE this case.
Let the Clerk send a copy of this Order to Plaintiff.
It is so ORDERED.