Mobley v. Astrue, No. 3:2012cv00008 - Document 21 (S.D. Ga. 2013)
Court Description: ORDER ADOPTING 18 Report and Recommendation of the Magistrate Judge as the opinion of this Court. Plaintiffs objections are Overruled; the Commissioner's final decision is Affirmed; this civil action is Closed, and final judgment shall be Entered in favor of the Commissioner. Signed by Judge Dudley H. Bowen on 2/20/2013. (dhh)
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Mobley v. Astrue Doc. 21 :: :'-i,:i u.5. [JisTiticl l .]it_ri Ai.lcugl;\ :r:'i. COURT IN THE UNITEDSTATESDISTR1CT i.il DISTRICTOF GEORGIA FORTHE SOUTHERN DUBLINDIVISION qn I S TO FG A . . MARTHASCOTT MOBLEY, Plaintiff, cv 312-008 v. MICHAELJ. ASTRUE, Commissioner of Social Security Administration, Defendant. ORDER with the Magistrate After a careful,de novo reviewof the file, the Courtconcurs ("R&R"), to whichobjections havebeenfiled (doc. Judge's ReportandRecommendation that no. 20). in the R&R, theMagistrate Judge concluded theALJ's findingthat Plaintiff was not disabled anytime duringthe periodfrom March 12,2008,throughMarch 15, at proper that 2010,wassupported substantial by evidence, in particular, theALJ afforded and physician properlyconsidered Plaintiff s and weightto the opinionsof Plaintiffs treating (See foundthattheALJ Judge subjective complaints. doc. eenerally no. 18.)TheMagistrate articulatedgood cause for discreditingan item opinion of evidenceby Plaintiffs Evaluation" gastroenterologist, GregoryGibson,M.D., offeredin a "PhysicalCapacities ("PCE') completed January that Plaintiff was significantly in of2010, in whichhe stated periods chronic diarrhea abdominal and by limitedin herabilityto stand sit for extended or that Dr. the pain. (Id. at 5-7.) The Magistrate Judgeso found because ALJ observed notes,which by unsupported his treatment Gibson'sopinionin the PCE wascompletely of by with medication December improved considerably showed that Plaintiffs diarrhea Dockets.Justia.com pain,with from anyabdominal 2008,andthatsheconsistently denied shewassuffering that only "mild" oftwo visitsin JuneandSeptember of2009 whereshereported the exception pain. (Id. at 6-7.) The Magistrate Judgealso found that the ALJ properly abdominal 10 abouthavingto usethebathroom or more discredited Plaintiffs subjective complaints pain,astheytoo wereunsupported the by timesper day andbeinglimitedby abdominal above.(Id. at 10, 11-12.) discussed medicalevidence the ofrecord,particularly evidence Plaintiff now argues that the ALJ failed to affordproperweightto Dr. Gibson's because wereconoborated both by opinionin thePCEandPlaintiff s subjective complaints pain in of2009. (Doc.no. 20,pp. 1Plaintiff s reports abdominal andfatigue September of period Plaintifffora closed 2.) Plaintifffurther haveapproved contends theALJ should that with of benefits from March 12,2008through September 2009,andthenproceeded an of determine improvanent existed afterSeptonber of2009.(d.) evaluationto whethermedical for Notably,Plaintiff raisesthis "closedperiod" argument the first time in her and to objections, did not first present argument theMagisfateJudge.Plaintiffdid not this period" Plaintifffora "closed makeanyargument the about ALJ erringin failingto consider in in herbrief.r (Seeeenerally no. 13.) As Plaintiffthusfailedto present argument the doc. it. her objections the Magistrate Judge, Courtneednot consider SeeWilliams v. the to districtcout's refusal consider to McNeil,557F.3 1287 d lth ,1.291(1 Cir. 2009)(approving suchargument new argument forth in objectionswherepartyhadopportunityto present set judgeandfailedto do so). to magistrate rNordid Plaintiffexercise opportunity file a replybriefto theCommissioner's her to Aero. Com., 212 F.R.D.609, 609 (S.D. Ga. 2003) brief. SeePodger Gulfstream v. (Edenfield, ("[P]arties J.) mayfile asmanyreplybriefsastheywant."(citingLoc.R. 7.5& 7.6)). the its to this In anyevent, exercising discretion consider newargument, Courtfinds period'case, merit. "[n a 'closed thatPlaintiff s belated assignment oferrorto theALJ lacks wasdisabled for for thedecision makerdetermines a newapplicant disabilitybenefits that prior to thedateof his decision.":Pickett a finite periodof time whichstarted stopped and where ALJ's finding the v. Bowen, F.2d288,289n.1(11thCir. 1987).Accordingly, 833 consideration thattheclaimant notunder disability anytimeduringtheperiodunder a at was is supported substantial evidence, ALJ doesnot err in failing to considerthe the by claimant'seligibility for a closedperiodof disabilitywithin that period. SeeJonesv. Comm'rof Soc. Sec., F. App'x 181 '767,773 (1lth Cir. 2006) curiam). Qter reported early as Judge explained, ALI foundthatPlaintiffhad the As theMagistrate asDecember 2008, herdiarrhea improved had withmedication thatshewasonly and 29, that per havingthree doc.no. 18,pp.6-7.) TheALJ alsofoundthat bowelmovernents day. (See pain at all in her visits with Dr. Plaintiff consistently deniedsufferingfrom abdominal of Gibsonbeginning Julyof2008,andonlyreported in "mild" painin JuneandSeptember in 2009. (See at 10,1l-12.) Thus,in discrediting Gibson's Dr. opinion thePCEand id. fromtheentireperiod Plaintiff s subjective medical evidence complaints, ALI revierved the period"nowurged Plaintiff to by fromthe"closed underconsideration-including evidence find that Plaintiff was not under a disability at any time during the period under the that consideration. theMagistrate Judgeproperly concluded, ALJ's decision Plaintiff As is by was not disabledat any time during the period under consideration supported 'lfthe decision-maker theclaimant periodofbenefits, then finds eligiblefor a closed 'tnedicalimprovement" aftertheclosed standard under the theremustbe a redetermination (explaining the periodendsbeforebenefits See maybe terminated. 20 C.F.R.$ 404.1594 'lnedicalimprovemenf'standard); (holding "'closedperiod' that 833 Pickett, F.2dat291-93 standard"). underthe 'medicalimprovement' claimants entitled a redetermination are to Plaintiff substantial Plaintifflscontention theALI erred failingto consider that by evidence. periodof benefits 1 baseless. Jones, 81 F. See for a closed duringthatperiodis therefore App'xat773. Plaintiff s objections thuswithoutmeritandareOVERRULED. Accordingly, are Judge ADOPTED asthe opinionof is the ReporlandRecommendation theMagistrate of the Courl. Therefore, Commissioner's decision AFFIRMED, this civil action the final is is CLOSED, anda finaljudgment shallbe ENTERED in favorof the Commissioner. o r'6ay pebruary, t 2013,at Augusta, Georgia. SO ORDERED this /,.ii og
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