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Green ex rel. Miller v. Colvin

United States District Court, W.D. Arkansas, El Dorado Division

August 11, 2014

DIANE GREEN, on behalf of DAVID MILLER, Plaintiff,
v.
CAROLYN COLVIN, Commissioner, Social Security Administration, Respondent.

ORDER

SUSAN O. HICKEY, District Judge.

Before the Court is the Report and Recommendation filed April 4, 2014, by the Honorable Barry A. Bryant, United States Magistrate Judge for the Western District of Arkansas. (ECF No. 11). Judge Bryant recommends that the decision of the Administrative Law Judge ("ALJ") be affirmed. Plaintiff has filed objections to the Report and Recommendation. (ECF No. 12).

After reviewing the record de novo, the Court adopts Judge Bryant's Report and Recommendation as its own. Plaintiff argues that the ALJ failed to conduct a Polaski evaluation, thereby rendering the ALJ's Disability Insurance Benefits decision invalid. While Judge Bryant discussed the Polaski factors, Plaintiff argues that the discussion was not adequate. The Court disagrees. Judge Bryant adequately addressed the five factors for assessing credibility contained in Polaski v. Heckler, 739 F.2d 1320 (8th Cir. 1984). Judge Bryant fully considered the ALJ's findings relating to these credibility factors and found them to be valid. Accordingly, the Court overrules Plaintiff's objections and adopts Judge Bryant's Report and Recommendation. For the reasons stated herein and above, as well as those contained in the Report and Recommendation, the decision of the ALJ is hereby AFFIRMED.

IT IS SO ORDERED.


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