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Waters v. Astrue

United States District Court, S.D. Georgia, Waycross Division
May 21, 2010
CIVIL ACTION NO.: CV509-030 (S.D. Ga. May. 21, 2010)

Opinion

CIVIL ACTION NO.: CV509-030.

May 21, 2010


ORDER


After an independent and de novo review of the record, the undersigned concurs with the Magistrate Judge's Report and Recommendation, to which Objections have been filed. In her Objections, Plaintiff states that "[i]f there is good cause to discount [a physician's] opinion, then it should be discounted in its entirety as opposed to only crediting the parts of it that would dictate a finding that the claimant was not disabled." (Doc. No. 23, p. 1). Plaintiff cites no authority for this proposition, perhaps because the law in this circuit supports a conclusion contradicting her position. See Jones v. Department of Health and Human Services, 941 F.2d 1529, 1533 (11th Cir. 1991) (holding that the ALJ properly discounted the portion of a treating physician's opinion that the plaintiff was disabled when that opinion was inconsistent with that physician's physical capacities evaluation finding that the plaintiff was able to perform sedentary work).

Plaintiff's Objections are without merit and are OVERRULLED. The Report and Recommendation of the Magistrate Judge is adopted as the opinion of the Court. The decision of the Commissioner is AFFIRMED. The Clerk is directed to enter the appropriate judgment.

SO ORDERED.


Summaries of

Waters v. Astrue

United States District Court, S.D. Georgia, Waycross Division
May 21, 2010
CIVIL ACTION NO.: CV509-030 (S.D. Ga. May. 21, 2010)
Case details for

Waters v. Astrue

Case Details

Full title:GEANA M. WATERS, Plaintiff, v. MICHAEL J. ASTRUE, Commissioner of Social…

Court:United States District Court, S.D. Georgia, Waycross Division

Date published: May 21, 2010

Citations

CIVIL ACTION NO.: CV509-030 (S.D. Ga. May. 21, 2010)