PLUMMER v. SOCIAL SECURITY ADMINISTRATION COMMISSIONER, No. 2:2020cv00020 - Document 34 (D. Me. 2021)

Court Description: ORDER AFFIRMING RECOMMENDED DECISION approving 31 Report and Recommendations. for 22 Social Security Statement of Errors/Fact Sheet By JUDGE LANCE E. WALKER. (CJD)

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PLUMMER v. SOCIAL SECURITY ADMINISTRATION COMMISSIONER Doc. 34 Case 2:20-cv-00020-LEW Document 34 Filed 01/04/21 Page 1 of 2 PageID #: 904 UNITED STATES DISTRICT COURT DISTRICT OF MAINE DAVID P., Plaintiff v. SOCIAL SECURITY ADMINISTRATION COMMISSIONER, Defendant ) ) ) ) ) ) ) ) ) ) 2:20-CV-00020-LEW ORDER AFFIRMING RECOMMENDED DECISION On November 20, 2020, the United States Magistrate Judge filed with the court, with copies to counsel, his Report and Recommended Decision. Plaintiff filed a timely objection to the same. I have reviewed and considered the Recommended Decision, together with the entire record. I have made a de novo determination of all matters adjudicated by the Recommended Decision and I concur with the recommendations of the United States Magistrate Judge for the reasons set forth in the Recommended Decision. I note that while judicial review for substantial evidence invites judicial consideration of the significance of an ALJ’s failure to discuss one or more factors listed in Social Security Ruling 16-3p, that is not the same thing as reviewing to determine whether the ALJ slavishly discussed every factor. Here, I concur with the Magistrate Judge’s assessment that Plaintiff’s argument concerning inadequate discussion of SSR 163p factors does not deprive the administrative decision of substantial evidentiary support. Dockets.Justia.com Case 2:20-cv-00020-LEW Document 34 Filed 01/04/21 Page 2 of 2 PageID #: 905 The Recommended Decision of the Magistrate Judge is hereby AFFIRMED and ADOPTED. The final administrative decision is AFFIRMED. SO ORDERED. Dated this 4th day of January, 2021. /s/ Lance E. Walker UNITED STATES DISTRICT JUDGE 2

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