SWEET v. ASTRUE
| JOSEPH AUGUST SWEET |
| MICHAEL J. ASTRUE |
| SSA (Court Use Only) |
| 1:2012cv00439 |
| April 4, 2012 |
| US District Court for the Southern District of Indiana |
| Indianapolis Office |
| Tim A. Baker |
| Sarah Evans Barker |
| Social Security: SSID Tit. XVI |
| 42 U.S.C. ยง 1383 Review of HHS Decision |
| None |
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Filing
29
ORDER ADOPTING 25 REPORT AND RECOMMENDATIONS - The Court finds that none of Mr. Sweet's objections to the Magistrate Judge's Report and Recommendation has merit. First, the absence of Sweet's moderate difficulties maintaining conc entration, persistence, or pace from the ALJ's hypothetical at step five is not reversible error, as the record shows that the VE independently learned of the Mr. Sweet's limitations by reviewing the claimant's records prior to heari ng the ALJ's hypothetical question. Second, despite the fact that "stooping" is not mentioned in the RFC and hypothetical, the ALJ considered evidence on "stooping," and properly articulated the reasoning supporting his co nclusions about Mr. Sweet's physical abilities. Finally, the Court finds no basis on which to conclude that the ALJ failed to make a credibility determination that was supported by substantial evidence. Accordingly, the Plaintiff's objections to the Magistrate Judge's wellreasoned Report are OVERRULED and we ADOPT the recommendations set forth in the Magistrate Judge's Report and Recommendation. Signed by Judge Sarah Evans Barker on 9/30/2013.(JD)
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