Terry v. Commissioner of Social Security, No. 3:2011cv00154 - Document 21 (W.D. Ky. 2011)

Court Description: MEMORANDUM OPINION AND ORDER signed by Judge John G. Heyburn, II on 11/23/2011 adopting 18 Report and Recommendations. Plaintiff's complaint is DISMISSED WITH PREJUDICE. This is a final order. cc: Counsel (AEP)

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UNITED STATES DISTRICT COURT WESTERN DISTRICT OF KENTUCKY AT LOUISVILLE CIVIL ACTION NO. 3:11-CV-154-H LINDA S. TERRY PLAINTIFF V. MICHAEL J. ASTRUE, COMMISSIONER OF SOCIAL SECURITY DEFENDANT MEMORANDUM OPINION AND ORDER This appeal challenges the final decision of the Commissioner denying Plaintiff s claim for Supplementary Security Income benefits. The Magistrate Judge has issued a Report and Recommendation concluding that the Commissioner s decision was supported by substantial evidence. The Court has reviewed the Magistrate Judge s report and agrees with it. The primary objection to the report seems to be that the Administrative Law Judge did not adopt all of Dr. Rebeck s opinions concerning Plaintiff s impairment. The Court believes that the Magistrate Judge has properly explained the reasons for not giving full controlling weight to Dr. Rebeck s opinions. Being otherwise sufficiently advised, IT IS HEREBY ORDERED that the Magistrate Judge s Recommendation is ADOPTED and Plaintiff s complaint is DISMISSED WITH PREJUDICE. This is a final order. November 23, 2011 cc: Counsel of Record Magistrate Judge

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