Batten v. Commissioner of Social Security

Filing 30

ORDER adopting the Report and Recommendation of the Magistrate Judge 27 . The decision of the Commissioner of the United States Social Security Administration is AFFIRMED. The Clerk is directed to enter judgment in favor of Defendant, terminate all pending motions, and CLOSE this case. Signed by Judge Charlene E. Honeywell on 6/30/2010. (BGS)

B a t t e n v. Commissioner of Social Security

D o c . 30

UNITED STATES DISTRICT COURT M I D D L E DISTRICT OF FLORIDA F T . MYERS DIVISION C A R L A BATTEN, P l a in tif f , v. Case No: 2:09-cv-22-FtM-36SPC

M IC H A E L J. ASTRUE C O M M IS S IO N E R OF SOCIAL SECURITY, D e f e n d a n t. _____________________________/ ORDER T h is cause comes before the Court upon the Report and Recommendation submitted b y United States Magistrate Judge Sheri Polster Chappell, (Doc. 27 ), filed on March 1, 2010 w h ich recommends that the decision of the Defendant Commissioner denying the Plaintiff's a p p lic a tio n for Social Security disability benefits be affirmed. On March 9, 2010, the P l a in tif f filed an objection to the Report and Recommendation (Doc. 28). On March 18, 2 0 1 0 , the Commissioner filed a notice that he would not reply to the Plaintiff's objection (D o c . 29). The District Court may "accept, reject, or modify, in whole or in part, the findings or re c o m m e n d a tio n s made by the magistrate judge." 28 U.S.C. § 636(b)(1)(C). A

d e ter m in a tio n by the Commissioner that a claimant is not disabled must be upheld if it is s u p p o rte d by substantial evidence and comports with applicable legal standards. Crawford v . Comm'r of Soc., 363 F.3d 1155, 1158 (11th Cir. 2004). Substantial evidence is more than a scintilla but less than a preponderance; it may be properly characterized as "such relevant

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e v id e n c e 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 e v id e n c e weighs against the Commissioner's findings, the Court must affirm if the decision re a c h e d is supported by substantial evidence. Crawford, 363 F.3d at 1158­59. The Court d o e s not decide facts anew, make credibility judgments, re-weigh the evidence, or substitute its judgment for that of the Commissioner. Moore, 405 F.3d at 1211; Dyer v. Barnhart, 395 F .3 d 1206, 1210 (11th Cir. 2005). The magistrate judge, district judge and appellate judges a ll apply the same legal standards to their reviews of the Commissioner's decision. Dyer, 3 9 5 F.3d at 1210; Shinn v. Comm'r of Soc. Sec., 391 F.3d 1276, 1282 (11th Cir. 2004); P h i llip s v. Barnhart, 357 F.3d 1232, 1240 n. 8 (11th Cir. 2004). While the Court reviews the C o m m iss io n e r's decision with deference to factual findings, no such deference is given to le g a l conclusions. Keeton v. Department of HHS, 21 F.3d 1064, 1066 (11th Cir. 1994) (c itin g Cornelius v. Sullivan, 936 F. 2d 1143, 1145 (11th Cir. 1991)). U p o n consideration of the Report and Recommendation and Plaintiff's objection th e re to , and upon this Court's independent examination of the file, it is determined that the R e p o rt and Recommendation (Doc. 27) should be adopted. A c c o rd in g ly, it is now ORDERED AND ADJUDGED that 1. T h e Magistrate Judge's Report and Recommendation (Doc. 27) is adopted and in c o rp o ra te d by reference in this Order of the Court, for all purposes, including a p p e lla te review.

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2.

T h e decision of the Commissioner of the United States Social Security A d m in i str a tio n is AFFIRMED; and

3.

T h e Clerk is directed to enter judgment in favor of Defendant, terminate all p e n d in g motions, and close the case.

D O N E AND ORDERED at Fort Myers, Florida this 30th day of June, 2010.

Copies to: Magistrate Judge Sheri Polster Chappell Counsel of Record

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