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UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF WEST VIRGINIA AT CHARLESTON DELORIS A. CHAPMAN, Plaintiff, v. Civil Action No. 2:10-00403

MICHAEL J. ASTRUE, Commissioner of Social Security, Defendant.

MEMORANDUM OPINION AND ORDER

This matter is before the court pursuant to Rule 72(b) of the Federal Rules of Civil Procedure on plaintiff's objections to the proposed Findings and Recommendation ("PF&R") of United States Magistrate Judge Mary E. Stanley, entered March 10, 2011.

I.

Background

Plaintiff Deloris A. Chapman filed applications for supplemental security income and disability insurance benefits on March 24, 2006, alleging disability as of May 1, 2004, due to herniated disc, coronary artery disease, and breathing problems. A hearing was conducted on plaintiff's claim on July 16, 2007. The administrative law judge ("ALJ") continued the hearing so that plaintiff could undergo a consultative mental examination, and a supplemental hearing was held on February 4, 2008. The ALJ

thereafter issued a decision, dated March 10, 2008, finding that plaintiff was not entitled to benefits. The decision became

final on January 28, 2010, after the Appeals Council denied plaintiff's request for review.

On March 28, 2010, plaintiff instituted this action seeking judicial review of the administrative decision pursuant to 42 U.S.C.

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