Rodriguez v. Commissioner of Social Security
This text of Rodriguez v. Commissioner of Social Security (Rodriguez v. Commissioner of Social Security) is published on Counsel Stack Legal Research, covering District Court, W.D. Washington primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
5 UNITED STATES DISTRICT COURT 6 WESTERN DISTRICT OF WASHINGTON 7 AT SEATTLE 8 NYSSA R., Case No. 19-CV-178-RSL 9
10 Plaintiff, ORDER AFFIRMING 11 v. COMMISSIONER 12 ANDREW M. SAUL, Commissioner of Social Security 13 Defendant. 14 15 The Court has reviewed the entire record, including the Administrative Record, the 16 memoranda of the parties, and the Report and Recommendation of United States Magistrate 17 Judge Mary Alice Theiler. 18 The Court adopts the Report and Recommendation with one clarification. The Report 19 and Recommendation indicates that plaintiff cited “no independent evidence supporting the 20 existence of [limitations resulting from her migraines] and she did not allege those limitations or 21 even mention headaches at all in her benefits application, function reports, or at the 22 administrative hearing.” See Dkt. #15 at 5 (citing AR 35-100, 224, 264-71) (emphasis added). 23 Although plaintiff indeed mentioned fibromyalgia and headaches in a disability report to the 24 Commissioner (see AR 284), and briefly testified to receiving treatment for pseudoseizures and 25 migraines during her administrative hearing (see AR 46), Judge Theiler’s contrary finding was 26 not central to the outcome of her Report and Recommendation. The Court agrees with the 27 conclusion of the Report and Recommendation, that plaintiff has not shown any harmful error in 28 1 disability evaluation. See generally Dkt. #15 at 2-6; see also Buck v. Berryhill, 869 F.3d 1040, 2 1048-49 (9th Cir. 2017). 3 The decision of the Commissioner is therefore AFFIRMED. The Clerk of Court shall 4 direct copies of this Order to all counsel and to Judge Theiler. 5 DATED this 2nd day of January, 2020. 6 A
7 Robert S. Lasnik 8 United States District Judge 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
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