IN THE UNITED STATES DISTRICT COURT

FOR THE SOUTHERN DISTRICT OF OHIO

EASTERN DIVISION

JEREMY K. MCDONALD, 

 Plaintiff, 

 

v. Case No.: 2:18-cv-622

JUDGE GEORGE C. SMITH

Magistrate Judge Jolson

COMMISSIONER OF SOCIAL SECURITY, 

 

Defendant. 

 

ORDER

This case is before the Court to consider the Report and Recommendation issued by the

Magistrate Judge on May 20, 2019. The Magistrate Judge recommended that Plaintiff’s

Statement of Errors be overruled and the decision of the Commissioner of Social Security be

affirmed. (See Report and Recommendation, Doc. 13). This matter is now before the Court on

Plaintiff’s Objection to the Magistrate Judge’s Report and Recommendation. (Doc. 14). The

Court will consider the matter de novo. See 28 U.S.C. § 636(b)(1); Fed. R. Civ. P. 72(b)(3).

Plaintiff raises three objections to the Magistrate Judge’s Report and Recommendation:

(1) that the ALJ failed to take reasonable steps to obtain Dr. Doss’ medical records; (2) that the

ALJ failed to properly evaluate the opinions of Dr. Rowland; and (3) that the ALJ’s decision

should be reversed because the ALJ failed to properly determine whether or not Plaintiff’s can

was medically necessary. 

Plaintiff’s objection presents the same issue already presented to, and carefully

considered by, the Magistrate Judge in the Report and Recommendation. Plaintiff has not
presented any new evidence or argument other than what was previously presented in his

Statement of Errors. Plaintiff merely disagrees with the ALJ and Magistrate Judge’s

conclusions.

Specifically with respect to Dr. Doss’ medical records, the ALJ issued a subpoena and Dr. Doss

did not comply. Plaintiff asserts that the mere fact that the ALJ issued the subpoena proves that

those records were necessary and should be part of the record. The ALJ and the Magistrate

Judge, however, found that the record was complete without those records. The Court agrees. 

This is not the case where there are no records or information from the treating physician. There

were some records from Dr. Doss and the ALJ noted that there was no evidence that Dr. Doss

had routine, regular treatment notes. Accordingly, the Court does not find any error with respect

to Plaintiff’s first objection.

Next, with respect to Dr. Rowland’s opinion, the Magistrate Judge found, and the Court

agrees, that the ALJ properly evaluated Dr. Rowland’s opinion. Again, Plaintiff disagrees with

the ALJ’s decision and partial weight given to Dr. Rowland’s opinion. But, there is no evidence

that the ALJ or Magistrate Judge erred. Accordingly, the second objection is overruled. 

The final issue for consideration is whether the ALJ properly considered whether

Plaintiff’s cane was medically necessary. Both the ALJ and the Magistrate Judge cited portions

of the record where Plaintiff and treating physicians gave conflicting testimony as to whether the

can was medically necessary. The Court also notes the conflicting testimony, but finds that the

ALJ sufficiently considered all of the testimony and found that after Plaintiff’s initial recovery,

the use of the cane was no longer necessary. Therefore, the ALJ and Magistrate Judge

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sufficiently considered the testimony and did not err in their conclusions. Accordingly, the final

objection is overruled. 

The Court has carefully considered Plaintiff’s objections, but finds that the decision of

the ALJ was supported by substantial evidence as acknowledged in detail in the Magistrate

Judge’s Report and Recommendation. Therefore, for the reasons stated in the well-reasoned

Report and Recommendation, this Court finds that Plaintiff’s objections are without merit.

Based on the aforementioned and the detailed Report and Recommendation, the Court

finds that Plaintiff’s objections have been thoroughly considered and are hereby OVERRULED. 

Accordingly, the Report and Recommendation, Document 13, is ADOPTED and AFFIRMED. 

Plaintiff’s Statement of Errors is hereby OVERRULED, and the decision of the Commissioner

of Social Security is AFFIRMED.

The Clerk shall remove Documents 13 and 14 from the Court’s pending motions list, and

enter final judgment in favor of Defendant, the Commissioner of Social Security.

IT IS SO ORDERED. 

 /s/ George C. Smith 

 GEORGE C. SMITH, JUDGE

UNITED STATES DISTRICT COURT

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