Governor v. Comm'r of Soc. Sec.

Full title: CHANDRA GOVERNOR v. COMMISSIONER OF SOCIAL SECURITY

Court: UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF LOUISIANA

Date published: Mar 24, 2021

CIVIL ACTION NO. 20-00054-BAJ-EWD (M.D. La. Mar. 24, 2021)

Opinion

CIVIL ACTION NO. 20-00054-BAJ-EWD

03-24-2021

CHANDRA GOVERNOR v. COMMISSIONER OF SOCIAL SECURITY

JUDGE BRIAN A. JACKSON UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF LOUISIANA

RULING AND ORDER

Plaintiff Chandra Governor brought this action to seek judicial review, pursuant to 42 U.S.C. § 405(g), of the final decision of the Commissioner of the Social Security Administration ("Commissioner") denying her application for disability insurance benefits ("DIB") and supplemental security income ("SSI"). Plaintiff asserts that the Administrative Law Judge's ("ALJ") "analysis of the treating and examining opinion evidence is contrary to the regulations and [United States Court of Appeals for the] Fifth Circuit precedent." (Doc. 10, p. 1; Doc. 13, p. 7).

The Magistrate Judge issued a Report and Recommendation, recommending that the Court affirm the Commissioner's decision and dismiss this action with prejudice. (Doc. 13, p. 21). Specifically, the Magistrate Judge found that based on the applicable standard of review under 42 U.S.C. § 405(g), substantial evidence supports the Commissioner's decision and the ALJ applied the correct legal standards. (Id. at p. 2). Plaintiff failed to timely file objections to the Magistrate Judge's Report and Recommendation. See 28 U.S.C. § 636(b)(1).

Having carefully considered the administrative record, the applicable law, Plaintiff's Memorandum in Support of Appeal (Doc. 10), Defendant's Opposition Memorandum (Doc. 12), the Magistrate Judge's Report (Doc. 13), and Plaintiff's failure to object to the Magistrate Judge's Report and Recommendation, the Court APPROVES the Magistrate Judge's Report and Recommendation (Doc. 13) and ADOPTS the Report as the Court's opinion herein.

For reasons explained in the Magistrate Judge's Report,

IT IS ORDERED that the final decision of the Commissioner of the Social Security Administration denying the application for disability insurance benefits and supplemental security income filed by Plaintiff, Chandra Governor, is AFFIRMED.

IT IS FURTHER ORDERED that this action is DISMISSED WITH PREJUDICE.

Baton Rouge, Louisiana, this 24^th day of March, 2021

/s/ _________

JUDGE BRIAN A. JACKSON

UNITED STATES DISTRICT COURT

MIDDLE DISTRICT OF LOUISIANA