IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF OHIO WESTERN DIVISION AT DAYTON

MARK D.,

Plaintiff, Case No. 3:22-cv-58

vs.

COMMISSIONER OF THE SOCIAL District Judge Michael J. Newman SECURITY ADMINISTRATION, Magistrate Judge Kimberly A. Jolson

Defendant.

ORDER: (1) ADOPTING THE REPORT AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE (Doc. No. 12); (2) AFFIRMING THE ALJ’S NON-DISABILITY FINDING; AND (3) TERMINATING THIS CASE ON THE DOCKET

This Social Security appeal is before the Court on the Report and Recommendation issued by United States Magistrate Judge Kimberly A. Jolson (Doc. No. 12), to whom this case was referred pursuant to

(b). Judge Jolson recommended that the Administrative Law Judge’s (“ALJ’s”) non-disability finding be affirmed. Plaintiff filed objections to the Report and Recommendation (Doc. No. 13), and the Commissioner responded (Doc. No. 14). Upon careful de novo consideration of the foregoing, the Court determines that the Report and Recommendation should be adopted. The Court concurs with Judge Jolson’s well-reasoned Report and Recommendation, considering that the ALJ (1) gave a “fresh review” to the new evidence at issue in the present case under the standard set forth in Earley v. Commissioner of Social Security,

(6th Cir. 2018); and (2) sufficiently evaluated this evidence by weighing the factors in

.920c(b)(2), including supportability and consistency. Accordingly, it is hereby ORDERED that: (1) the Report and Recommendation is ADOPTED in full (Doc. No. 12); (2) the ALJ’s non-disability finding is AFFIRMED; and (3) this case is TERMINATED on the docket. IT IS SO ORDERED. March 10, 2023 s/ Michael J. Newman Hon. Michael J. Newman United States District Judge