Summary
holding the ALJ did not err by disregarding consultative examiner's recommendation to obtain further intellectual testing as the consultative examiner "found reason to question the validity of Plaintiff's cognitive responses," and "[i]t was proper for the ALJ to consider other evidence in the record," including Plaintiff's daily activities
Summary of this case from Hobbs v. BerryhillOpinion
Case No. 2:12-cv-02184-APG-GWF
07-07-2014
ELIZABETH CUTTITTA, Plaintiff, v. CAROLYN W. COLVIN, Acting Commissioner, Social Security Administration, Defendant.
Order Accepting Findings and
Recommendation and Dismissing Case
(Dkt. ## 16, 18, 20)
On December 5, 2013, Magistrate Judge Foley entered his Findings and Recommendation [Dkt. #20] recommending that Plaintiff's Motion for Reversal and Remand [Dkt. #16] be denied and that Defendant's Cross-Motion to Affirm [Dkt. #18] be granted. Plaintiff timely filed an objection to Judge Foley's recommendation. I have conducted a de novo review of the issues set forth in the Findings and Recommendation pursuant to Local Rule IB 3-2. Judge Foley's Findings and Recommendation set forth the proper legal analysis, and the factual bases, for the decision. Therefore,
IT IS HEREBY ORDERED mat Judge Foley's Findings and Recommendation is accepted, Plaintiff's Motion for Reversal and Remand [Dkt. #16] is DENIED, Defendant's Cross-Motion to Affirm [Dkt. #18] is GRANTED, the Administrative Law Judge's decision is affirmed, and this case is DISMISSED. The clerk of the court shall enter Judgment accordingly.
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ANDREW P. GORDON
UNITED STATES DISTRICT JUDGE