Summary
finding ALJ's misstatements as to claimant's limitations in posing hypothetical question constituted harmless error where misstatements did not affect jobs identified by vocational expert
Summary of this case from Critchley v. ColvinOpinion
CIVIL ACTION NO. 1:12-07502
03-18-2014
OTIS RAY REHM, JR., Plaintiff, v. CAROLYN W. COLVIN, Acting Commissioner of Social Security, Defendant.
MEMORANDUM OPINION AND ORDER
By Standing Order, this action was referred to United States Magistrate R. Clarke VanDervort for submission of findings and recommendation regarding disposition pursuant to 28 U.S.C. § 636(b)(1)(B). Magistrate Judge VanDervort submitted to the court his Findings and Recommendation on February 28, 2014, in which he recommended that the court deny plaintiff's motion for judgment on the pleadings, grant defendant's motion for judgment on the pleadings, affirm the final decision of the Commissioner, and dismiss this matter from the court's docket.
In accordance with the provisions of 28 U.S.C. § 636(b), plaintiff was allotted fourteen days and three mailing days in which to file any objections to Magistrate Judge VanDervort's Findings and Recommendation. The failure of any party to file such objections within the time allowed constitutes a waiver of such party's right to a de novo review by this court. Snyder v. Ridenour, 889 F.2d 1363 (4th Cir. 1989).
Neither party filed any objections to the Magistrate Judge's Findings and Recommendations within the required time period. Accordingly, the court adopts the Findings and Recommendations of Magistrate Judge VanDervort as follows:
1. Plaintiff's motion for judgment on the pleadings is DENIED;
2. Defendant's motion for judgment on the pleadings is GRANTED;
3. The final decision of the Commissioner is AFFIRMED; and
4. This case is DISMISSED from the court's docket.
The Clerk is directed to forward a copy of this Memorandum Opinion and Order to counsel of record.
IT IS SO ORDERED this 18th of March, 2014.
ENTER:
___________________
David A. Faber
Senior United States District Judge