Opinion
Civil Action 9:23-CV-109
10-09-2024
AMANDA FLEMETT, Plaintiff, v. COMMISSIONER OF SOCIAL SECURITY ADMINISTRATION, Defendant.
ORDER OVERRULING PLAINTIFF'S OBJECTIONS AND ADOPTING MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION
MARCIA A. CRONE, UNITED STATES DISTRICT JUDGE
This matter was referred to the Honorable Zack Hawthorn, United States Magistrate Judge, for consideration pursuant to applicable laws and orders of this court. The magistrate judge recommended affirming the Commissioner's decision because it lacks reversible error and is supported by substantial evidence. (Dkt. #20.)
Flemett filed timely objections to the magistrate judge's Report and Recommendation. (Dkt. #21.) The court, therefore, must conduct a de novo review of the objections in relation to the pleadings and the applicable law. See FED. R. CIV. P. 72(b).
Flemett objects to the magistrate judge's conclusion that the ALJ properly considered her subjective complaints and that his decision is supported by substantial evidence. The court considered Flemett's objections, conducted a de novo review of the briefing and medical evidence, and finds no reason to depart from the magistrate judge's recommended disposition. The magistrate judge properly considered the subjective evidence and correctly determined that her alleged symptoms were not consistent with the objective medical evidence. His report carefully refers to the medical evidence, the ALJ's description of Flemett's daily activities, and recent medical evidence that shows improvement in her alleged symptoms. While Flemett may disagree with the result of the magistrate judge's determination, her objection amounts to a request that the court reweigh the evidence and reach a different conclusion, which is not a proper basis for reversal. Harrell v. Bowen, 862 F.2d 471, 475 (5th Cir. 1988).
Accordingly, the court ADOPTS the magistrate judge's recommendation (Dkt. #20), OVERRULES Flemett's objections (Dkt. #21), and AFFIRMS the Commissioner's denial of benefits. A final judgment will be entered in this case, in accordance with the magistrate judge's recommendation.