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Reynolds v. Social Security Administration

United States District Court, Western District of Virginia, Danville Division

May 22, 2015

SANDRA F. REYNOLDS, Plaintiff,
v.
SOCIAL SECURITY ADMINISTRATION, Defendant.

ORDER

HON. JACKSON L. KISER, JUDGE

Before me is the Report and Recommendation of the United States Magistrate Judge recommending that I enter an Order granting the Commissioner’s Motion for Summary Judgment [ECF No. 15], denying Plaintiff’s Motion for Summary Judgment [ECF No. 14] and dismissing this case. This Report was filed on April 1, 2015, from which date the parties had fourteen (14) days to file objections. Plaintiff, who is proceeding pro se, filed an objection wherein she contended that the Vocational Expert (“VE”) testified that she “would not be able to perform the jobs that [he] told [the ALJ] about . . . not would [Plaintiff] be able to perform any jobs in the economy today.” (Pl.’s Obj., Apr. 20, 2015 [ECF No. 20].) While that is an accurate representation of part of the VE’s testimony (see R. 42), it is not the operative part of the VE’s testimony. Rather, when the ALJ presented the VE with a hypothetical that mirrored the ALJ’s determination of Plaintiff’s residual functional capacity, he testified that there were sedentary jobs in the national economy that Plaintiff could perform. (See R. 39–41.) As such, the VE’s testimony does support the ALJ’s decision, and Plaintiff’s objection is OVERRULED.

Accordingly, it is ORDERED and ADJUDGED that the Report and Recommendation shall be, and hereby is, ADOPTED in its entirety. The Commissioner’s Motion for Summary Judgment is GRANTED, Plaintiff’s Motion for Summary Judgment is DENIED, and this case is hereby DISMISSED. The Clerk is directed to dismiss this case from the active docket of this Court.

The Clerk is directed to send a copy of this Order to Magistrate Judge Hoppe and all counsel of record.


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