Burdette v. Commissioner of Social Security

Filing 32

OPINION AND ORDER adopting 31 Report and Recommendations. The Decision of the Commissioner of Social Security is affirmed. The Clerk shall enter judgment accordingly and close the file. Signed by Judge John E. Steele on 3/29/2010. (RKR)

UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA FORT MYERS DIVISION CINDY BURDETTE, Plaintiff, vs. Case No. 2:06-cv-138-FtM-29SPC

MICHAEL J. ASTRUE, Commissioner of Social Security, Defendant. ___________________________________ OPINION AND ORDER This matter is before the Court on consideration of

Magistrate Judge Sheri Polster Chappell's Report and Recommendation (Doc. #31), filed on March 5, 2010, recommending that the

Commissioner's decision to deny social security disability benefits be affirmed. has expired. The Court reviews the Commissioner's decision to determine if it is supported by substantial evidence and based upon proper legal standards. Crawford v. Comm'r of Soc. Sec., 363 F.3d 1155, 1158 Substantial evidence is more than a scintilla No objections have been filed, and the time to do so

(11th Cir. 2004).

but less than a preponderance, and is such relevant evidence as a reasonable person would accept as adequate to support a conclusion. Moore v. Barnhart, 405 F.3d 1208, 1211 (11th Cir. 2005); Crawford, 363 F.3d at 1158. Even if the evidence preponderates against the

Commissioner's findings, the Court must affirm if the decision

reached is supported by substantial evidence.

Crawford, 363 F.3d

at 1158-59. The Court does not decide facts anew, make credibility judgments, reweigh the evidence, or substitute its judgment for that of the Commissioner. Moore, 405 F.3d at 1211; Dyer v. The magistrate

Barnhart, 395 F.3d 1206, 1210 (11th Cir. 2005).

judge, district judge and appellate judges all apply the same legal standards to the review of the Commissioner's decision. Dyer, 395

F.3d at 1210; Shinn v. Comm'r of Soc. Sec., 391 F.3d 1276, 1282 (11th Cir. 2004); Phillips v. Barnhart, 357 F.3d 1232, 1240 n.8 (11th Cir. 2004). After an independent review, the Court agrees with the findings and recommendations in the Report and

Recommendation. Accordingly, it is now ORDERED: 1. The Report and Recommendation (Doc. #31) is adopted by the Court. 2. affirmed. 3. The Clerk of the Court shall enter judgment accordingly The Decision of the Commissioner of Social Security is

and close the file. DONE AND ORDERED at Fort Myers, Florida, this March, 2010. 29th day of

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Copies: Hon. Sheri Polster Chappell U.S. Magistrate Judge Counsel of Record

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