Opinion
Civil Action 3:16-CV-1331
03-08-2022
ERIC DAVID BAIR, Plaintiff, v. KIKOLO KIJAKAZI, Acting Commissioner of Social Security, [1] Defendant.
Arbuckle Magistrate Judge
ORDER
Robert D. Mariani United States District Judge
AND NOW, THIS 8th DAY OF MARCH 2022, upon de novo review of Magistrate Judge William I. Arbuckle's Report and Recommendation ("R&R") (Doc. 16), Plaintiffs objections thereto (Doc. 17) and other relevant documents, IT IS HEREBY ORDERED THAT:
1. The R&R (Doc. 16) is ADOPTED for the reasons set forth therein.
2. Plaintiffs objections (Doc. 17) are OVERRULED. The Court does not find that the Magistrate Judge erred in concluding there was substantial evidence to support the Administrative Law Judge's rejection of the opinion of treating physician, Dr. Kathy Nase. The Court does not find that the Magistrate Judge erred in concluding that Plaintiffs allegedly erroneous step two determination would be harmless error.
Though Plaintiff's objection refers to "treating physicians" (Doc. 17 at 1 fl 2), the brief in support of objections addresses only the opinion of Dr. Kathy Nase, Plaintiff's primary care provider. (See Doc. 18 at'2-3.)
3. Plaintiffs appeal of the Acting Commissioner's decision (Doc. 1) is DENIED.
4. The Clerk of Court is directed to ENTER JUDGMENT in favor of the Acting Commissioner of Social Security and against Plaintiff Eric David Bair.
5. The Clerk of Court is directed to CLOSE THIS CASE.