United States District Court, D. Delaware
HONORABLE MARYELLEN NOREIKA UNITED STATES DISTRICT JUDGE
United States Magistrate Judge Sherry R. Fallon issued a
26-page Report and Recommendation ("R&R") (D.I.
24), dated August 21, 2018, recommending that Plaintiff Glenn
Elwood Vaughn's ("Plaintiff or "Vaughn")
motion for summary judgment (D.I. 13) be denied and that
Defendant's cross motion for summary judgment (D.I. 19)
on September 4, 2018, Plaintiff timely objected to the
R&R (D.I. 26);
on September 24, 2018, Defendant responded to Plaintiffs
objections (D.I. 27) incorporating by reference
Defendant's response to Plaintiffs arguments in support
of his motion for summary judgment. (D.I. 20);
the Court has considered the motions de novo, see Masimo
Corp. v. Philips Elec. N. Am. Corp., 62 F.Supp.3d 368,
379 (D. Del. 2014); Brown v. Astrue, 649 F.3d 193,
195 (3d Cir. 2011); 28 U.S.C. § 636(b)(1); Fed.R.Civ.P.
72(b)(3), and has further reviewed the pertinent filings;
THEREFORE, IT IS HEREBY ORDERED this 26th day of
September 2018 that:
Plaintiffs objections (D.I. 26) are OVERRULED. Judge
Fallon's R&R (D.I. 24) is ADOPTED. Consistent with
Judge Fallon's R&R, Plaintiffs motion for summary
judgment (D.L 13) is DENIED, and Defendant's- cross
motion for summary judgment (D.I. 19) is GRANTED.
Plaintiff objects to Judge Fallon's conclusion that the
ALJ properly considered all relevant medical evidence
pertaining to Mr. Vaughn's impairments and provided
sufficient reasons to discern its decision that Mr. Vaughn
had the capacity for light work. (D.I. 26 at 1-3). Plaintiff
contends that in evaluating Mr. Vaughn's impairments and
determining his residual functional capacity
("RFC"), the ALJ failed to consider contradictory
objective evidence of:
- the complete findings of the MRI of the cervical spine
dated October 2012 which showed more than mild findings. (Tr.
- the complete findings of the EMG of the upper extremities
dated March 2013 which showed multiple diagnoses. (Tr. 601);
- objective findings of right upper extremity weakness;
decreased muscle strength; decreased range of motion; and
atrophy. (Plaintiffs Brief at 16);
- physical therapy evaluation report dated June 4, 2014 which
showed difficulty using his arm, gripping, pulling as well as
weakness and decreased ability to use the right arm. (Tr.
(D.I. 26 at 2-3).
Contrary to Plaintiffs argument, the Court finds the ALJ did
not fail to consider relevant or contradictory evidence
relating to Plaintiffs right shoulder and cervical spine
impairments or his multiple diagnoses. The ALJ recognized
that Plaintiff had multiple impairments of degenerative disc
disease of the cervical spine, right rotator cuff repair,
major depressive disorder, and anxiety (Tr. 19). The ALJ
further determined that "the facts in the ...