Summary
holding that vocational expert testimony that there were 22,000 jobs nationally was sufficient to satisfy the Commissioner's burden at Step Five; stating, "plaintiff cites no cases stating that, in this context, the term 'several regions of the country' is not substantially the same as "nationwide," and the undersigned is not aware of any"
Summary of this case from Hayden v. SaulOpinion
CASE NO. C12-5540 RJB
02-03-2014
TIMOTHY RICHARD NELSON, Plaintiff, v. CAROLYN W. COLVIN, Acting Commissioner of the Social Security Administration, Defendant.
ORDER ADOPTING REPORT AND
RECOMMENDATION AFFIRMING
THE COMMISSIONER
This matter comes before the Court on the Report and Recommendation of the U.S. Magistrate Judge J. Richard Creatura, recommending that the Court affirm the decision of the Social Security Administration that denied Plaintiff's application for disability insurance benefits. Dkt. 19. The Plaintiff has not filed objections to the Report and Recommendation.
The Court must uphold a decision of Defendant based on substantial evidence and free of legal error. Burch v. Barnhart, 400 F.3d 676, 679 (9th Cir. 2005); 42 U.S.C. § 405(g). The Court need only make a de novo determination of the portions of Magistrate Judge Creatura's Report and Recommendation to which Plaintiff makes objections. 28 U.S.C. § 636(b)(1).
The Court, having reviewed Plaintiff's Complaint, the Report and Recommendation of Judge J. Richard Creatura, United States Magistrate Judge, and the remaining record, does hereby find and ORDER:
(1) The Court adopts the Report and Recommendation (Dkt. 19).
(2) The administrative decision is AFFIRMED.
(3) The Clerk is directed to enter JUDGMENT for Defendant and the case should be closed.
(4) The Clerk is directed to send copies of this Order to counsel of record.
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ROBERT J. BRYAN
United States District Judge