Valentine, Jr., v. Commissioner of Social Security, No. 1:2018cv01887 - Document 19 (N.D. Ohio 2019)

Court Description: Opinion and Order signed by Judge James S. Gwin on 9/13/2019 adopting the Report and Recommendation of the Magistrate Judge without objection and affirming the Commissioner's decision. (Related docs. 1 and 18 )(S,KM)

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Valentine, Jr., v. Commissioner of Social Security Doc. 19 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF OHIO JERRY VALENTINE, JR., : : : : : : Plaintiff, vs. COMMISSIONER OF SOCIAL SECURITY, Case No. 1:18-cv-1887 OPINION & ORDER [Resolving Doc. 13] : Defendant. ------------------------------------------------------------------ : : : JAMES S. GWIN, UNITED STATES DISTRICT JUDGE: In April 2015, Plaintiff Jerry Valentine, Jr. applied for supplemental security income alleging disability. 1 The Social Security Administration denied his application initially and on reconsideration. 2 At Valentine’s request, an administrative law judge (“ALJ”) considered his case. 3 The ALJ concluded that Plaintiff Valentine was not disabled. 4 The Social Security Appeals Council denied Plaintiff’s request for review. 5 Valentine then brought this suit, asking the Court to reverse the ALJ’s decision. 6 He argues that the ALJ lacked substantial evidence to find that Valentine did not require a cane, the ALJ failed to evaluate Valentine’s need to elevate his legs, and the ALJ erroneously and ambiguously found that Valentine was limited to superficial interaction with others. 7 Magistrate Judge Burke issued a Report and Recommendation (“R&R”) recommending that 1 Doc. 12 at 259. Id. at 172, 184. 3 See id. at 189. 4 Id. at 14. 5 Id. at 5. 6 Doc. 1. 7 Doc. 13. 2 Dockets.Justia.com Case No. 1:18-cv-191 Gwin, J. the Court affirm the ALJ’s decision. 8 If a party had objected to this R&R, the Court would consider the objected-to portions de novo. 9 However, because neither party has objected, the Court may adopt the R&R without review. 10 Moreover, the Court has conducted its own review and agrees with Judge Burke—the evidence sufficiently supported the ALJ’s conclusion. Accordingly, the Court ADOPTS Magistrate Judge Burke’s R&R and AFFIRMS the ALJ’s decision. IT IS SO ORDERED. Dated: September 13, 2019 s/ James S. Gwin JAMES S. GWIN UNITED STATES DISTRICT JUDGE 8 Doc. 18. 28 U.S.C. § 636(b)(1). 10 Thomas v. Arn, 474 U.S. 140, 149 (1985). 9 -2-

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