Mont v. Commissioner of Social Security

Background

Shannon Mont brought this action under the Social Security Act, 42 U.S.C. §§ 405(g) and 1383(c)(3), seeking review of the denial of his application for supplemental security income. The parties filed cross-motions for judgment on the pleadings, meaning they asked the court to decide the case based on the administrative record and their written submissions. Magistrate Judge Netburn issued a Report and Recommendation recommending that Mont’s motion be denied and that the Commissioner’s motion be granted. Mont filed objections.

Court’s analysis

The court reviewed the Social Security Administration’s decision to determine whether it was supported by substantial evidence and whether the correct legal standards were applied. Because Mont did not object to the magistrate judge’s findings that the administrative law judge’s evaluation of the listed-impairment issue and residual functional capacity was supported by substantial evidence and free of legal error, the court reviewed those portions for clear error and found none.

Mont objected to the finding that the administrative law judge had properly considered his symptoms, including fatigue. The court reviewed the specific objection independently. It concluded that the administrative law judge had considered Mont’s fatigue because the decision mentioned his low energy, tiredness, fatigue, and related reported limitations five times. The court held that the administrative law judge’s failure to expressly identify fatigue as a medication side effect did not mean that fatigue had not been considered. The court therefore rejected Mont’s objection.

Ruling

Judge Valerie Caproni adopted Magistrate Judge Netburn’s Report and Recommendation. The court denied Mont’s motion for judgment on the pleadings, granted the Commissioner’s motion for judgment on the pleadings, and dismissed the case. The Clerk of Court was directed to terminate the open motions and close the case.