Olsen v. Astrue

858 F. Supp. 2d 1306, 2012 WL 1523435, 2012 U.S. Dist. LEXIS 62008
CourtDistrict Court, M.D. Florida
DecidedMarch 7, 2012
DocketCase No. 3:11-cv-32-J-37TEM
StatusPublished
Cited by1 cases

This text of 858 F. Supp. 2d 1306 (Olsen v. Astrue) is published on Counsel Stack Legal Research, covering District Court, M.D. Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Olsen v. Astrue, 858 F. Supp. 2d 1306, 2012 WL 1523435, 2012 U.S. Dist. LEXIS 62008 (M.D. Fla. 2012).

Opinion

Order

ROY B. DALTON JR., District Judge.

This cause is before the Court for consideration of U.S. Magistrate Judge Thomas E. Morris’s Report and Recommendation (Doc. No. 22), filed on February 17, 2012; Defendant Commissioner of Social Security’s Objections to the Report and Recommendation (Doc. No. 23), filed on February 21, 2012; and, Plaintiff Christopher Eric Olsen’s Response (Doc. No. 24), filed on March 6, 2012.

[1309]*1309STANDARD OF REVIEW

When a party objects to the magistrate’s findings, the district court must “make a de novo determination of those portions of the report or specified proposed findings or recommendations to which objection is made.” 28 U.S.C. § 636(b)(1); see also United States v. Veteto, 701 F.2d 136, 140 (11th Cir.1983) (indicating that although the court must make a de novo determination, a de novo hearing is not required). A de novo determination requires the district judge to consider factual issues on the record independent of the magistrate judge’s Report and Recommendation. Jeffrey S. by Ernest S. v. State Bd. of Educ. of State of Ga., 896 F.2d 507, 513 (11th Cir.1990). The judge “may accept, reject, or modify, in whole or in part, the findings or recommendations made by the magistrate judge.” § 636(b)(1).

ANALYSIS

In his Report and Recommendation, Judge Morris recommended that the decision of the Commissioner be REVERSED pursuant to sentence four of 42 U.S.C. § 405(g) and that the case be REMANDED for additional proceedings consistent with his report. (Doc. No. 22, p. 21.) Specifically, Judge Morris found that Administrative Law Judge (“ALJ”) Gerald F. Murray “failed to make findings sufficient for the Court to ascertain whether the restriction to unskilled work limited by occasional contact with the public, as stated in the [residual functional capacity (“RFC”) determination] and the hypothetical question, adequately encompassed Plaintiffs severe mental impairment.” (Id. at 20.)

Defendant objects to the Report and Recommendation, urges the Court to not adopt the recommendation of remand, and seeks affirmance of the Commissioner’s decision. (Doc. No. 23, p. 1.) In particular, Defendant asserts that ALJ “explicitly and implicitly] accounted for Plaintiffs concentration limitations when he relied on the state agency psychological experts opinion that despite Plaintiffs moderate difficulties in maintaining concentration, persistence or pace he could complete a regular workday with limited interaction with the public and co-workers (Tr. 17, 331, 343).” (Id. at 1-2.)

After an independent de novo review of the record in this matter, including the objection filed by Defendant, and Plaintiffs response to said objection, the Court agrees entirely with the findings of fact and conclusions of law in Judge Morris’s Report and Recommendation. The Court finds that Defendant’s further arguments as to this objection do not warrant additional discussion, as the Report and Recommendation addresses those arguments in a well-reasoned and a thorough manner. The Court overrules Defendant’s objection and adopts Judge Morris’s analysis and conclusions.

CONCLUSION

Based on the foregoing, it is ORDERED as follows:

1. The Report and Recommendation filed on February 17, 2012, (Doc. No. 22), is ADOPTED and made a part of this Order.

2. Defendant’s decision is REVERSED pursuant to sentence four of 42 U.S.C. § 405(g).

3. The case is REMANDED to Defendant to: (1) reconsider the record as a whole; (2) reassess Plaintiffs residual functional capacity in light of this opinion and the record evidence; (3) pose a hypothetical question to the vocational expert that specifically accounts for Plaintiffs mental limitations; and (4) conduct any other proceedings deemed appropriate.

[1310]*13106. The Clerk is hereby directed to enter judgment in accordance with this Order and close this case.

REPORT AND RECOMMENDATION1

THOMAS E. MORRIS, United States Magistrate Judge.

This case is before the Court on Plaintiffs complaint (Doc. # 1). Plaintiff seeks review of the final decision of the Commissioner of Social Security that denied Plaintiffs claim for supplemental security income (SSI) disability payments. Id. This Court has authority to conduct the requested review. 42 U.S.C. § 405(g).

Plaintiff filed a legal brief in opposition to the Commissioner’s decision (Doc. # 15). Defendant filed his brief in support of the decision to deny disability benefits (Doc. # 18). The Commissioner has filed the transcript of the underlying administrative record and evidence (hereinafter referred to as “Tr.” followed by the appropriate page number). The parties did not consent to the exercise of jurisdiction by a magistrate judge and the case has been referred to the undersigned for a report and recommendation.

The Court has reviewed the record and has given it due consideration in its entirety, including the arguments presented by the parties in their briefs and the materials provided in the transcript of the underlying proceedings. Upon review of the record, the Court found the issues raised by Plaintiff were fully briefed and concluded oral argument would not benefit the Court in making its determinations. Accordingly, the matter has been decided on the written record. For the reasons set out herein, the undersigned recommends the Commissioner’s decision be reversed and the case remanded for additional proceedings.

PROCEDURAL HISTORY

Plaintiff filed his application for SSI on March 27, 2008 (Tr. 121-24). Plaintiff asserts an onset of disability beginning October 31, 1998.2 Id. After being denied initially and upon reconsideration, Plaintiff requested a hearing, which was held on May 26, 2010 in Daytona Beach, Florida, before Administrative Law Judge (ALJ) Gerald F. Murray (Tr. 24-43). During the hearing, Plaintiff appeared and testified in person, as did Plaintiffs mother, Donna Olsen, and vocational expert (VE) Donna Mancini. Plaintiff was represented during the underlying administrative phase of the case by attorney Richard A. Schwartz (Tr. 24, 74-77).

On July 21, 2010, ALJ Murray issued a hearing decision denying Plaintiffs claim (Tr. 8-23). The Appeals Council denied Plaintiffs request for review, making the hearing decision the final decision of the Commissioner (see Tr. 1-5). This action was timely filed in federal court on January 10, 2011 by Plaintiffs current counsel of record, Richard A. Culbertson, Esq. (see Doc. # 1, Complaint).

[1311]*1311SOCIAL SECURITY ACT ELIGIBILITY, THE ALJ DECISION AND THE STANDARD OF REVIEW

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Bluebook (online)
858 F. Supp. 2d 1306, 2012 WL 1523435, 2012 U.S. Dist. LEXIS 62008, Counsel Stack Legal Research, https://law.counselstack.com/opinion/olsen-v-astrue-flmd-2012.