United States District Court, D. Nevada
LEROY A. BARNETT, Plaintiff,
NANCY A. BERRYHILL, Acting Commissioner of Social Security, Defendant.
M. Navarro, Chief Judge
before the Court for consideration is a Motion to Remand,
(ECF No. 11), filed by Plaintiff Leroy A. Barnett
(“Plaintiff”). Defendant Nancy A.
Berryhill (“Defendant” or “the
Commissioner”) filed a Response, (ECF No. 13), and
Plaintiff filed a Reply, (ECF No. 14). These motions were
referred to the Honorable Cam Ferenbach, United States
Magistrate Judge, for a report of findings and
recommendations pursuant to 28 U.S.C. §§
636(b)(1)(B) and (C).
10, 2015, Judge Ferenbach entered the Report and
Recommendation (“R. & R.”), (ECF No. 15),
recommending Plaintiff's Motion to Remand be denied.
Plaintiff filed an Objection, (ECF No. 17), to the Report and
Recommendation on July 21, 2015, and the Commissioner filed a
Reply to the Objection, (ECF No. 18), on July 31, 2015.
brings this action against Defendant in her capacity as the
Commissioner of the Social Security Administration, pursuant
the Social Security Act, 42 U.S.C. § 405(g). (Compl.,
ECF No. 1). Plaintiff seeks judicial review of a final
decision of the Commissioner of the Social Security
Administration denying her claims for social security
disability benefits under Title II of the Social Security
Act, 42 U.S.C. §§ 401-403. (Id. ¶ 9).
applied for disability insurance benefits on January 22,
2013, which were denied initially, upon reconsideration, and
after a hearing before an Administrative Law Judge
(“ALJ”) on July 1, 2014. (Mot. for Remand 3:7-12,
ECF No. 11). Plaintiff timely requested Appeals Council
review of the ALJ's decision, which was denied on
September 10, 2014. (Id. 3:13-15). Plaintiff then
filed his Complaint and the instant Motion in this Court.
may file specific written objections to the findings and
recommendations of a United States Magistrate Judge made
pursuant to Local Rule IB 1-4. 28 U.S.C. § 636(b)(1)(B);
D. Nev. Local R. IB 3-2. Upon the filing of such objections,
the Court must make a de novo determination of those
portions of the Report to which objections are made.
Id. The Court may accept, reject, or modify, in
whole or in part, the findings or recommendations made by the
Magistrate Judge. 28 U.S.C. § 636(b)(1); D. Nev. Local
R. IB 3-2(b).
challenges Judge Ferenbach's findings that the ALJ
properly evaluated the medical evidence and that the ALJ
properly considered the Veterans Administration's
(“VA's”) finding of disability. Upon review,
the Court determines whether the Commissioner's decision
is supported by enough “evidence as a reasonable mind
might accept as adequate to support a conclusion.”
Consolidated Edison Co. v. NLRB, 305 U.S. 197
(1938); see Burch v. Barnhart, 400 F.3d 676, 679
(9th Cir. 2005) (stating that if the evidence supports more
than one interpretation, the court must defer to the
Commissioner's interpretation). Additionally, Plaintiff
admits in his Motion that the “ALJ is correct that he
is not bound by the VA decision.” (Mot. to Remand 7:6).
the ALJ satisfied its standard. As Judge Ferenbach points
out, “[b]ased on [Plaintiffs] medical records,
physician and nurse notes, testimony, and wife's report,
the ALJ found that [Plaintiffs] ability to engage in a
variety of daily activities . . . suggests that his capacity
was not as limited, ” and that the “ALJ's
conclusions are supported by substantial evidence.” (R.
& R. 7:17-20). Moreover, the ALJ not only considered the
substantial medical evidence, testimony, and reports in
coming to its decision, but also took into consideration the
VA's determination. The Court therefore agrees with Judge
Ferenbach's conclusion that the ALJ's determination
is supported by substantial medical evidence and that the ALJ
adequately considered the VA's finding.
reviewed the Commissioner's objections de novo,
the Court finds no basis on which to reject Judge
Ferenbach's findings and recommendations. The Court
therefore denies Plaintiffs Motion.
HEREBY ORDERED that the Report and Recommendation, (ECF No.
15), be ACCEPTED and ADOPTED in full, to the extent that ...