POWERS v. SOCIAL SECURITY ADMINISTRATION COMMISSIONER, No. 2:2022cv00064 - Document 21 (D. Me. 2023)
Court Description: ORDER ACCEPTING THE RECOMMENDED DECISION OF THE MAGISTRATE JUDGE accepting 18 REPORT AND RECOMMENDED DECISION re 13 Social Security Statement of Errors/Fact Sheet By JUDGE JON D. LEVY. (clp)
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POWERS v. SOCIAL SECURITY ADMINISTRATION COMMISSIONER Doc. 21 Case 2:22-cv-00064-JDL Document 21 Filed 02/06/23 Page 1 of 2 PageID #: 1640 UNITED STATES DISTRICT COURT DISTRICT OF MAINE JULIANNE P., Plaintiff, v. KILOLO KIJAKAZI, Acting Commissioner of Social Security, Defendant. ) ) ) ) ) 2:22-cv-00064-JDL ) ) ) ) ) ) ORDER ACCEPTING THE RECOMMENDED DECISION OF THE MAGISTRATE JUDGE Julianne P. seeks judicial review of the Acting Social Security Administration Commissioner’s final decision determining that she is not disabled and denying her applications for a Period of Disability, Disability Insurance Benefits, and Supplemental Security Income Benefits (ECF Nos. 1, 13). Plaintiff primarily contends that (1) the Administrative Law Judge failed to adequately develop the record because he did not include limitations to Plaintiff’s ability to interact with the general public in his hypothetical questions to the vocational expert, even though one of the limitations to Plaintiff’s residual functional capacity (“RFC”) was that she not interact with the general public; and (2) the Administrative Law Judge did not ask Plaintiff whether her past relevant work required her to interact with the general public. Pursuant to 28 U.S.C.A. § 636(b)(3) (West 2022) and D. Me. Local R. 16.3(a)(2), United States Magistrate Judge Karen Frink Wolf held a hearing on Plaintiff’s Dockets.Justia.com Case 2:22-cv-00064-JDL Document 21 Filed 02/06/23 Page 2 of 2 PageID #: 1641 Statement of Errors (ECF No. 13) on September 16, 2022. The Magistrate Judge filed her Recommended Decision with the Court on December 8, 2022 (ECF No. 18), recommending that the Court affirm the Acting Commissioner’s decision. Plaintiff objected to the Recommended Decision on December 22, 2022 (ECF No. 19). The Acting Commissioner filed a Response to the Plaintiff’s Objection (ECF No. 20) on January 3, 2023. After reviewing and considering the Magistrate Judge’s Recommended Decision, together with the entire record, I have made a de novo determination of all matters adjudicated by the Magistrate Judge’s Recommended Decision. I concur with the Magistrate Judge’s conclusions as set forth in her Recommended Decision and determine that no further proceeding is necessary. It is therefore ORDERED that the Recommended Decision (ECF No. 18) of the Magistrate Judge is hereby ACCEPTED, and the Acting Commissioner’s decision is AFFIRMED. SO ORDERED. Dated this 6th day of February, 2023. /s/ Jon D. Levy CHIEF U.S. DISTRICT JUDGE 2
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