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Martinez v. Astrue

United States District Court, D. New Mexico
Jun 19, 2008
CV 07-566 MV/CG (D.N.M. Jun. 19, 2008)

Opinion

CV 07-566 MV/CG.

June 19, 2008


ORDER ADOPTING MAGISTRATE JUDGE'S PROPOSED FINDINGS AND RECOMMENDED DISPOSITION


The Magistrate Judge filed her Proposed Findings and Recommended Disposition on April 18, 2008. See Doc 17. The Proposed Findings and Recommended Disposition recommends that the Court deny Plaintiff's Motion to Reverse or Remand Administrative Decision. Id. at 9. On April 27, 2008, Plaintiff filed objections to the Proposed Findings and Recommended Disposition. See Doc. 18.

The Court has carefully reviewed Plaintiff's objections de novo, as well as the relevant evidence in the record, and finds the objections to be without merit. First, the record shows that the ALJ properly considered Dr. Gurule's May 8, 2006 letter. Second, the ALJ's RFC determination and step five determination are supported by substantial evidence. Thus, any errors at phase two and three of step four were clearly harmless. Third, the ALJ's RFC determination was not in conflict with the jobs and duties the vocational expert testified Plaintiff could perform.

Wherefore,

IT IS HEREBY ORDERED THAT:

1) the Magistrate Judge's Proposed Findings and Recommended Disposition (Doc. 17) are adopted;
2) Plaintiff's Motion to Reverse or Remand Administrative Decision (Doc. 12) is denied; and
3) this action is dismissed with prejudice.


Summaries of

Martinez v. Astrue

United States District Court, D. New Mexico
Jun 19, 2008
CV 07-566 MV/CG (D.N.M. Jun. 19, 2008)
Case details for

Martinez v. Astrue

Case Details

Full title:MARIA D. MARTINEZ, Plaintiff, v. MICHAEL J. ASTRUE, Commissioner of Social…

Court:United States District Court, D. New Mexico

Date published: Jun 19, 2008

Citations

CV 07-566 MV/CG (D.N.M. Jun. 19, 2008)