From Casetext: Smarter Legal Research

Kellum v. Astrue

United States District Court, N.D. Florida, Gainesville Division
Sep 9, 2008
CASE NO. 1:06-cv-00190-MP-AK (N.D. Fla. Sep. 9, 2008)

Opinion

CASE NO. 1:06-cv-00190-MP-AK.

September 9, 2008


ORDER


This matter is before the Court on Doc. 15, Report and Recommendation of the Magistrate Judge, recommending that the decision of the Commissioner, denying benefits, be affirmed. The time for filing objections has passed, and none have been filed. The Court agrees with the Magistrate Judge that the ALJ properly found that Claimaint's allegations of pain in her feet due to swelling caused by diabetes were not credible because she continued to be non-compliant with her medication and the medical record supported a finding that her impairment would not be limiting if she managed her diabetes appropriately. The ALJ correctly assessed that her diabetes could be controlled by her compliance with insulin, and that there were no other limiting factors established by the record. Accordingly, it is hereby

ORDERED AND ADJUDGED:

DONE AND ORDERED.

1. The Report and Recommendation of the Magistrate Judge is adopted and incorporated herein.
2. The decision of the Commissioner, denying benefits, is affirmed.


Summaries of

Kellum v. Astrue

United States District Court, N.D. Florida, Gainesville Division
Sep 9, 2008
CASE NO. 1:06-cv-00190-MP-AK (N.D. Fla. Sep. 9, 2008)
Case details for

Kellum v. Astrue

Case Details

Full title:TONYA KELLUM, Plaintiff, v. MICHAEL J ASTRUE, Defendant

Court:United States District Court, N.D. Florida, Gainesville Division

Date published: Sep 9, 2008

Citations

CASE NO. 1:06-cv-00190-MP-AK (N.D. Fla. Sep. 9, 2008)