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Date: 07-01-2022
Case Style:
Case Number: 20-cv-2920
Judge: Barry M. Ashe
Court: United States District Court for the Eastern District of Louisiana (Orleans Parish)
Plaintiff's Attorney:
Defendant's Attorney: Elizabeth A. Chickering
Description: New Orleans, social security disability lawyer represented Plaintiff seeking review of the denial of Plaintiff’s application for disability benefits by HHS.
Having considered the record, the applicable law, the magistrate judge's Report and Recommendation (“R&R”),[1] and plaintiff's objections to the R&R,[2]the Court hereby approves the R&R and adopts it as its opinion. The Court has determined that the Commissioner's findings are supported by substantial evidence and that plaintiff's objections are without merit. Accordingly, because the Court agrees that substantial evidence supports (i) the ALJ's decision that plaintiff's limitations were less than marked (and therefore the ALJ did not err in concluding that plaintiff failed to meet Listing 14.07 for presumptive disability); and (ii) the ALJ's determination -supported by its proper evaluation of opinion evidence - that plaintiff had the residual functional capacity to perform sedentary work, with limitations, or unskilled work.
Outcome: IT IS ORDERED that plaintiff's motion for summary judgment (R. Doc. 21) is DENIED, defendant's cross-motion for summary judgment (R. Doc. 22) is GRANTED, and plaintiff's complaint be and is hereby DISMISSED WITH PREJUDICE.
Plaintiff's Experts:
Defendant's Experts:
Comments: