Goodine v. Commissioner of Social Security

D. Massachusetts

Goodine v. Commissioner of Social Security

District Court, D. Massachusetts·Decided March 31, 2023·No. 4:21-cv-11638·Unknown

Opinion

DISTRICT OF MASSACHUSETTS

_________________________________________ KIMBERLY GOODINE, ) Plaintiff, ) ) v. ) CIVIL ACTION ) NO. 21-11638-TSH VICTORIA D. KIJAKAZI, ) ACTING COMMISSIONER OF ) SOCIAL SECURITY, ) Defendant. ) ) _________________________________________ )

ORDER ON PLAINTIFF’S OBJECTION March 31, 2023

HILLMAN, S.D.J. On March 30, 2023, Plaintiff filed her Objection (Docket No. 28) to the Report and Recommendation (Docket No. 26) on the grounds that the Magistrate Judge erred when he allowed the ALJ to not consider later medical sources which showed a worsening of Plaintiff’s condition. Upon review of the record, this Court finds Magistrate Judge Hennessy’s Report and Recommendation to be well-founded in all respects and the objection is without merit. The Plaintiff mischaracterizes the ALJ’s findings and her reliance on Alcantara v. Astrue, 257 F. App’x 333 (1st Cir.2007), and Frankl v. Shalala, 47 F.3d 935 (8th Cir.1995), is misplaced; see Spofford v. Saul, 18-11867, 2020 WL 9748494, *8 (D.Mass. September 30, 2020) Accordingly, it is hereby ordered that the Report and Recommendation (Docket No. 26) is adopted in its entirety. SO ORDERED. /s/ Timothy S. Hillman TIMOTHY S. HILLMAN UNITED STATES SENIOR DISTRICT JUDGE

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DISTRICT OF MASSACHUSETTS

_________________________________________ KIMBERLY GOODINE, ) Plaintiff, ) ) v. ) CIVIL ACTION ) NO. 21-11638-TSH VICTORIA D. KIJAKAZI, ) ACTING COMMISSIONER OF ) SOCIAL SECURITY, ) Defendant. ) ) _________________________________________ )

ORDER ON PLAINTIFF’S OBJECTION March 31, 2023

HILLMAN, S.D.J. On March 30, 2023, Plaintiff filed her Objection (Docket No. 28) to the Report and Recommendation (Docket No. 26) on the grounds that the Magistrate Judge erred when he allowed the ALJ to not consider later medical sources which showed a worsening of Plaintiff’s condition. Upon review of the record, this Court finds Magistrate Judge Hennessy’s Report and Recommendation to be well-founded in all respects and the objection is without merit. The Plaintiff mischaracterizes the ALJ’s findings and her reliance on Alcantara v. Astrue, 257 F. App’x 333 (1st Cir.2007), and Frankl v. Shalala, 47 F.3d 935 (8th Cir.1995), is misplaced; see Spofford v. Saul, 18-11867, 2020 WL 9748494, *8 (D.Mass. September 30, 2020) Accordingly, it is hereby ordered that the Report and Recommendation (Docket No. 26) is adopted in its entirety. SO ORDERED. /s/ Timothy S. Hillman TIMOTHY S. HILLMAN UNITED STATES SENIOR DISTRICT JUDGE

Goodine v. Commissioner of Social Security, (D. Mass. 2023).

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