Opinion
CAUSE NO. 3:14-CV-496-CWR-FKB
08-12-2015
ALICE RUSH PLAINTIFF v. CAROLYN W. COLVIN, Commissioner, United States Social Security Administration DEFENDANT
ORDER
Before the Court is the plaintiff's objection to the Magistrate Judge's Report and Recommendation (R&R). Docket No. 15. The R&R recommends affirming the Commissioner's denial of Supplemental Security Income. Docket No. 14.
The Court has reviewed de novo the portions of the R&R to which the plaintiff has objected. 28 U.S.C. § 636(b). It finds that remand is not warranted. Although the ALJ ideally would have applied the Newton factors in evaluating Dr. Soriano's opinion, see Newton v. Apfel, 209 F.3d 448, 456 (5th Cir. 2000) and 20 C.F.R. § 404.1527(c), such an analysis may not have been necessary in this circumstance. The Fifth Circuit has found that the Newton factors need not be explicitly considered where, as here, the ALJ credits contradictory evidence from another treating or examining physician. Qualls v. Astrue, 339 F. App'x 461, 466-67 (5th Cir. 2009) (unpublished).
Accordingly, this Court adopts the R&R's findings and conclusions as its own, grants the Commissioner's motion to affirm, and denies the plaintiff's motion for summary judgment. A separate Final Judgment will issue this day.
SO ORDERED, this the 12th day of August, 2015.
s/ Carlton W. Reeves
UNITED STATES DISTRICT JUDGE