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Vaughn v. Berryhill

United States District Court, D. Delaware

September 26, 2018

GLENN ELWOOD VAUGHN, Plaintiff,
v.
NANCY A. BERRYHILL, Acting Commissioner of Social Security, Defendant.

          MEMORANDUM ORDER

          THE HONORABLE MARYELLEN NOREIKA UNITED STATES DISTRICT JUDGE

         WHEREAS, 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) be granted;

         WHEREAS, on September 4, 2018, Plaintiff timely objected to the R&R (D.I. 26);

         WHEREAS, 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);

         WHEREAS, 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;

         NOW THEREFORE, IT IS HEREBY ORDERED this 26th day of September 2018 that:

         1. 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.

         2. 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. 24, 894-895);
- 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. 770-772).

(D.I. 26 at 2-3).

         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 ...


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