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Stroh v. Astrue

United States District Court, D. Oregon, Portland Division
Feb 17, 2010
Civil Case No. 08-1148-JE (D. Or. Feb. 17, 2010)

Summary

affirming ALJ's decision based on substantial evidence to discount plaintiff's credibility in light of positive Waddell's test

Summary of this case from Gibson v. Commissioner of Social Security

Opinion

Civil Case No. 08-1148-JE.

February 17, 2010

Richard F. McGinty, McGinty Belcher, Salem, Oregon, Attorney for Plaintiff.

Dwight C. Holton, Acting United States Attorney, Adrian L. Brown, Assistant United States Attorney, Portland, Oregon, Attorneys for Defendant.


ORDER


The Honorable John Jelderks, United States Magistrate Judge, filed Findings and Recommendation on January 6, 2010. Plaintiff filed timely objections to the Findings and Recommendation.

When either party objects to any portion of a magistrate's Findings and Recommendation concerning a dispositive motion or prisoner petition, the district court must make a de novo determination of that portion of the magistrate's report. 28 U.S.C. § 636(b)(1); Fed.R.Civ.P. 72(b); McDonnell Douglas Corp. v. Commodore Business Machines, Inc., 656 F.2d 1309, 1313 (9th Cir. 1981), cert. denied, 455 U.S. 920 (1982). This court has, therefore, given de novo review of the rulings of Magistrate Judge Jelderks.

This court ADOPTS the Findings and Recommendation of Magistrate Judge Jelderks (#21) dated January 6, 2010 in its entirety.

IT IS HEREBY ORDERED that the Commissioner's decision is AFFIRMED and this case is DISMISSED.


Summaries of

Stroh v. Astrue

United States District Court, D. Oregon, Portland Division
Feb 17, 2010
Civil Case No. 08-1148-JE (D. Or. Feb. 17, 2010)

affirming ALJ's decision based on substantial evidence to discount plaintiff's credibility in light of positive Waddell's test

Summary of this case from Gibson v. Commissioner of Social Security
Case details for

Stroh v. Astrue

Case Details

Full title:SHERRY L. STROH, Plaintiff, v. MICHAEL J. ASTRUE, Commissioner of Social…

Court:United States District Court, D. Oregon, Portland Division

Date published: Feb 17, 2010

Citations

Civil Case No. 08-1148-JE (D. Or. Feb. 17, 2010)

Citing Cases

Hall v. Astrue

See, e.g., Tommasetti v. Astrue, 533 F.3d 1035, 1038 (9th Cir. 2008) ("The court will not reverse an ALJ's…

Gibson v. Commissioner of Social Security

Jordan v. Commissioner of Social Security, 548 F.3d 417, 419-20 (6th Cir. 2008).See Stroh v. Astrue, 2010 WL…