Summary
In Yoakum, the ALJ decided not to accord a physician's opinion significant weight because the opinion was inconsistent with a state agency physician's opinion, physical therapy records and the physician's own treatment notes.
Summary of this case from Wagoner v. ColvinOpinion
CIVIL ACTION NO. 1:14CV74
04-09-2015
GENELLIA P. YOAKUM, Plaintiff, v. COMMISSIONER OF SOCIAL SECURITY, Defendant.
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ORDER ADOPTING THE MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION AND DISMISSING THE CASE WITH PREJUDICE FROM THIS COURT'S ACTIVE DOCKET
Pursuant to 28 U.S.C. §636(b)(1)(B), Rule 72(b), Federal Rules of Civil Procedure and Local Court Rule 4.01(d), on April 25, 2014, the Court referred this Social Security action to United States Magistrate Robert W. Trumble ("Magistrate Judge Trumble" of "magistrate judge") with directions to submit proposed findings of fact and a recommendation for disposition.
On March 16, 2015, Magistrate Judge Trumble filed his Report and Recommendation ("R&R")(dkt. no. 16), and directed the parties, in accordance with 28 U.S.C. §636(b)(1) and Rule 6(e), Fed. R. Civ. P., to file any written objections with the Clerk of Court within fourteen (14) days after being served with a copy of the R&R. He further directed the parties that failure to file objections would result in a waiver of the right to appeal from the judgment of this Court. As of this date, the parties have not filed any objections and the time in which to do so has expired.
Upon consideration of Magistrate Judge Trumble's recommendation and having received no written objections, the Court accepts and approves the R&R and ORDERS this civil action disposed of in accordance with the recommendation of the magistrate judge. Accordingly, the Court
The parties' failure to object to the Report and Recommendation not only waives their appellate rights in this matter, but also relieves the Court of any obligation to conduct a de novo review of the issues presented. See Wells v. Shriners Hospital, 109 F.3d 198, 199-200 (4
1. GRANTS IN PART Yoakum's motion for Summary Judgment (dkt. no. 11);
2. DENIES IN PART the Commissioner's motion for Summary Judgment (dkt. no. 13);
3. REMANDS this civil action to the Commissioner for further consideration pursuant to the recommendations contained in the R&R; and
4. DISMISSES the civil action WITH PREJUDICE and ORDERS it retired from the docket of this Court.
Pursuant to Fed.R.Civ.P. 58, the Court directs the Clerk of Court to enter a separate judgment order and to transmit copies of this Order to counsel of record. DATED: April 9, 2015
/s/ Irene M. Keeley
IRENE M. KEELEY
UNITED STATES DISTRICT JUDGE
th Cir. 1997); Thomas v. Arn,474 U.S. 140,148-153 (1985).