Self v. Social Security Administration, Commissioner, No. 4:2019cv01362 - Document 19 (N.D. Ala. 2020)
Court Description: MEMORANDUM OPINION - Accordingly, the court ADOPTS the magistrate judge's report and ACCEPTS his recommendation. The court WILL AFFIRM the Commissioner's decision. Signed by Judge Annemarie Carney Axon on 10/19/2020. (KEK)
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Self v. Social Security Administration, Commissioner Doc. 19 FILED 2020 Oct-19 PM 01:27 U.S. DISTRICT COURT N.D. OF ALABAMA IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ALABAMA MIDDLE DIVISION DANIEL SELF, ] ] Plaintiff, ] ] v. ] ] SOCIAL SECURITY ] ADMINISTRATION, COMMISSIONER,] ] Defendant. ] 4:19-cv-01362-ACA MEMORANDUM OPINION Before the court is the magistrate judge’s report recommending that the court affirm the Commissioner of the Social Security Administration’s decision denying Daniel Self’s application for a period of disability, disability insurance, and supplemental security income benefits. (Doc. 15). Mr. Self objects to the recommendation, arguing that the evidence in the record does not compel the conclusion that he did not receive medical treatment consistent with disabling impairments. (Doc. 17 at 1–2). He requests that the court modify the report to reflect his own testimony about what his treating physician told him, and his opinion about his ability to sit, stand, and walk for more than ten to fifteen minutes. (Id. at 2–3). After a de novo review of the record and the report and recommendation, the court OVERRULES Mr. Self’s objections. The report and recommendation discussed Mr. Self’s testimony about his capabilities (see doc. 15 at 8), and the Dockets.Justia.com standard of review is whether substantial evidence supports the Commissioner’s decision, not whether the evidence compels the Commissioner’s decision. See Winschel v. Comm’r of Soc. Sec., 631 F.3d 1176, 1178 (11th Cir. 2011); see also Crawford v. Comm'r Of Soc. Sec., 363 F.3d 1155, 1158–59 (11th Cir. 2004) (“Even if the evidence preponderates against the Commissioner’s findings, we must affirm if the decision reached is supported by substantial evidence.”) (quotation marks omitted). Accordingly, the court ADOPTS the magistrate judge’s report and ACCEPTS his recommendation. The court WILL AFFIRM the Commissioner’s decision. The court will enter a separate order consistent with this memorandum opinion. DONE and ORDERED this October 19, 2020. _________________________________ ANNEMARIE CARNEY AXON UNITED STATES DISTRICT JUDGE 2
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