United States District Court, W.D. Washington, Tacoma
ALAN E. WOOD, Plaintiff,
CAROLYN W. COLVIN, Acting Commissioner of Social Security, Defendant.
ORDER ADOPTING REPORT AND RECOMMENDATION
BENJAMIN H. SETTLE, District Judge.
This matter comes before the Court on the Report and Recommendation ("R&R") of the Honorable John L. Weinberg, United States Magistrate Judge (Dkt. 24), and Plaintiff Alan Wood's ("Wood") objections to the R&R (Dkt. 26).
I. PROCEDURAL BACKGROUND
On August 29, 2014, Judge Weinberg issued the R&R recommending that the Court affirm the Administrative Law Judge's ("ALJ") decision that Wood did not satisfy the requirements of Social Security Listing 12.05. Dkt. 24.
On September 15, 2014, Wood filed objections. Dkt. 26. On September 25, 2014, the Government responded. Dkt. 28. On October 2, 2014, Wood replied. Dkt. 29.
Wood objects to Judge Weinberg's recommended disposition. Dkt. 26. Wood argues that he satisfied the requirements of Listing 12.05B and C. Id. at 1.
Federal Rule of Civil Procedure 72(b) governs objections to a magistrate judge's recommended disposition. Rule 72(b) provides as follows:
The district judge must determine de novo any part of the magistrate judge's disposition that has been properly objected to. The district judge may accept, reject, or modify the recommended disposition; receive further evidence; or return the matter to the magistrate judge with instructions.
Fed. R. Civ. P. 72(b)(3).
To establish a disability under Listing 12.05, a claimant must satisfy the diagnostic description in the introductory paragraph, as well as one of the criteria in parts A through D. 20 C.F.R. pt. 404, subpt. P, app. 1. § 12.00A. Listing 12.05 provides, in relevant part, as follows:
Intellectual disability refers to significantly subaverage general intellectual functioning with deficits in adaptive functioning initially manifested during the developmental period; i.e., the evidence demonstrates or supports onset of the impairment before age 22.
The required level of severity for this disorder is met when the requirements in A, B, C, ...