Molyneux v. Astrue, No. 3:2011cv05006 - Document 24 (W.D. Wash. 2012)

Court Description: ORDER ADOPTING REPORT AND RECOMMENDATION AND AFFIRMING DECISION OF THE SOCIAL SECURITY ADMINISTRATION, re 22 Objections to Report and Recommendation filed by Sharon A. Molyneux. Signed by Judge Robert J. Bryan. (JL)

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1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT TACOMA 8 9 10 11 SHARON A. MOLYNEUX, Plaintiff, 12 13 14 15 v. MICHAEL J. ASTRUE, Commissioner of Social Security, CASE NO. C11-5006RJB ORDER ADOPTING REPORT AND RECOMMENDATION AND AFFIRMING DECISION OF THE SOCIAL SECURITY ADMINISTRATION Defendant. 16 This matter comes before the court on review of the Report and Recommendation of the 17 Magistrate Judge. Dkt. 21. The court has considered the record, including plaintiff s objections 18 (Dkt. 22) and defendant s response (Dkt. 23), and is fully advised. 19 On December 8, 2011, U.S. Magistrate Judge Karen L. Strombom issued a Report and 20 Recommendation, recommending that the court affirm the decision of the Social Security 21 Administration that denied plaintiff s applications for disability insurance and supplemental 22 security income benefits. Dkt. 21. 23 24 ORDER ADOPTING REPORT AND RECOMMENDATION AND AFFIRMING DECISION OF THE SOCIAL SECURITY ADMINISTRATION- 1 1 On December 22, 2011, plaintiff filed objections to the Report and Recommendation, 2 arguing that the ALJ failed to properly evaluate the medical evidence; that the ALJ failed to 3 properly evaluate plaintiff s testimony regarding her symptoms and limitations; that the ALJ 4 failed to properly evaluate lay witness evidence; that the ALJ improperly determined plaintiff s 5 residual functional capacity; and that the ALJ erroneously found that plaintiff can perform her 6 past relevant work. Dkt. 22. In her objections, plaintiff reiterated arguments that she made in 7 her opening brief (Dkt. 16) and in her reply (Dkt. 20). The magistrate judge analyzed plaintiff s 8 claims thoroughly and carefully in the Report and Recommendation. The court concurs with the 9 analysis of the magistrate judge, for the reasons set forth in the Report and Recommendation. 10 The court need not separately address plaintiff s claims in her objections, since they have been so 11 well analyzed in the Report and Recommendation. The court should adopt the Report and 12 Recommendation and affirm the decision of the Social Security Administration. 13 Accordingly, the court ADOPTS the Report and Recommendation (Dkt. 21). The 14 decision of the Social Security Administration is AFFIRMED. 15 The Clerk is directed to send uncertified copies of this Order to all counsel of record and 16 to any party appearing pro se at said party s last known address. 17 Dated this 9th day of January, 2012. A 18 19 ROBERT J. BRYAN United States District Judge 20 21 22 23 24 ORDER ADOPTING REPORT AND RECOMMENDATION AND AFFIRMING DECISION OF THE SOCIAL SECURITY ADMINISTRATION- 2

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