Summary
finding that despite a 12-year work record, the ALJ properly found that the objective medical evidence did not substantiate Plaintiff's claimed intensity, persistence and limiting effects of her symptoms
Summary of this case from MacMillen v. ColvinOpinion
5:11-CV-220
12-11-2012
SHIRLEY A. CHAVIS, Plaintiff, v. MICHAEL J. ASTRUE, COMMISSIONER OF SOCIAL SECURITY, Defendant.
THOMAS J. McAVOY
United States District Judge
DECISION & ORDER
This matter brought pursuant to 42 U.S.C. § 1983 was referred to the Hon. Therese Wiley Dancks, United States Magistrate Judge, for a Report-Recommendation pursuant to 28 U.S.C. § 636(b) and Local Rule 72.3(c).
No objections to the September 21, 2012 Report-Recommendation were raised. After examining the record, this Court has determined that the Report-Recommendation is not subject to attack for plain error or manifest injustice. Accordingly, this Court adopts the Report-Recommendation for the reasons stated therein.
It is, therefore, ORDERED that (1) the matter be remanded for a proper determination of Plaintiff's Residual Functioning Capacity considering any physical non-exertional limitations; (2) the Administrative Law Judge ('ALJ") shall obtain the opinion of a vocational expert if Plaintiff's non-exertional limitations present significant limitations; and (3) all other determinations made by the ALJ be affirmed. IT IS SO ORDERED.
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Thomas J. McAvoy
Senior, U.S. District Judge