Opinion
Case No. 1:18-cv-1887
09-13-2019
JERRY VALENTINE, JR., Plaintiff, v. COMMISSIONER OF SOCIAL SECURITY, Defendant.
OPINION & ORDER
[Resolving Doc. 13] :
In April 2015, Plaintiff Jerry Valentine, Jr. applied for supplemental security income alleging disability.
Doc. 12 at 259.
The Social Security Administration denied his application initially and on reconsideration. At Valentine's request, an administrative law judge ("ALJ") considered his case. The ALJ concluded that Plaintiff Valentine was not disabled. The Social Security Appeals Council denied Plaintiff's request for review.
Id . at 172, 184.
See id . at 189.
Id . at 14.
Id . at 5.
Valentine then brought this suit, asking the Court to reverse the ALJ's decision. He argues that the ALJ lacked substantial evidence to find that Valentine did not require a cane, the ALJ failed to evaluate Valentine's need to elevate his legs, and the ALJ erroneously and ambiguously found that Valentine was limited to superficial interaction with others. Magistrate Judge Burke issued a Report and Recommendation ("R&R") recommending that the Court affirm the ALJ's decision.
Doc. 1.
Doc. 13.
Doc. 18.
If a party had objected to this R&R, the Court would consider the objected-to portions de novo. However, because neither party has objected, the Court may adopt the R&R without review.
Thomas v. Arn, 474 U.S. 140, 149 (1985). --------
Moreover, the Court has conducted its own review and agrees with Judge Burke—the evidence sufficiently supported the ALJ's conclusion.
Accordingly, the Court ADOPTS Magistrate Judge Burke's R&R and AFFIRMS the ALJ's decision.
IT IS SO ORDERED. Dated: September 13, 2019
s/ James S . Gwin
JAMES S. GWIN
UNITED STATES DISTRICT JUDGE