Neiley v. Social Security Administration

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF OKLAHOMA
ROBBIE L. NEILEY, )
)
Plaintiff, )
)
v. )
) Case No. 24-cv-228-GAG-DES
FRANK J. BISIGNANO, )
Commissioner of the Social )
Security Administration, )
)
Defendant. )
ORDER
The undersigned has reviewed the administrative record (Docket No. 10), as well as the
parties’ respective briefs (Docket Nos. 12, 14, 15), report & recommendation (Docket No. 16), as
well as the objection and reply thereto (Docket Nos. 17, 19).
I conclude that the appealed agency decision is indeed supported by substantial evidence
of record. See Noreja v. Soc. Sec. Comm’r, 952 F. 3d 1172, 1177 (10th Cir. 2020). In doing so I
am cognizant that my role does not allow me to reweigh the evidence nor apply my own judgment
over that of the administrative law judge (ALJ). Id. at 1178.
Plaintiff posits that the administrative law judge improperly considered her shoulder
impairment, as well as evidence from her licensed professional counselors. I concur with
Magistrate Judge Snow that no such errors occurred. The ALJ correctly applied the five-step
sequential disability analysis. In doing so, her findings and conclusions are indeed supported by
substantial evidence. Moreover, the ALJ considered and weighed all the evidence, including that
of plaintiff’s licensed professional counselors.
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Accordingly, I hereby ADOPT in its entirety the detailed reasoning in Judge Snow’s Report
& Recommendation (Docket No. 16). The Commissioner’s decision finding plaintiff not disabled
is thus AFFIRMED. Judgment shall be entered accordingly.
So Ordered.
/s/ Gustavo A. Gelpí ______________
GUSTAVO A. GELPÍ
Circuit Judge, U.S. Court of Appeals for the First Circuit
Sitting by designation
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