Hatcher v. Commissioner of Social Security
Filing
25
OPINION AND ORDER accepting and adopting 24 Report and Recommendations. The Decision of the Commissioner is affirmed. The Clerk shall enter judgment accordingly and close the file. Signed by Judge John E. Steele on 9/17/2012. (RKR)
UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
FORT MYERS DIVISION
MARILYN J. HATCHER,
Plaintiff,
vs.
Case No.
2:11-cv-463-FtM-29DNF
MICHAEL J. ASTRUE, Commissioner of
Social Security,
Defendant.
___________________________________
OPINION AND ORDER
This
matter
is
before
the
Court
on
consideration
of
Magistrate Judge Douglas N. Frazier’s Report and Recommendation
(Doc. #24),
filed
on
August
21, 2012,
recommending
that the
Commissioner’s decision to deny social security disability benefits
be affirmed.
No objections have been filed, and the time to do so
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
(11th Cir. 2004).
Substantial evidence is more than a scintilla
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.
Barnhart, 395 F.3d 1206, 1210 (11th Cir. 2005).
The magistrate
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).
The Report and Recommendation finds that sufficient evidence
supported the ALJ finding that plaintiff did not have a Listed
Impairment and, based upon the testimony of a vocational expert,
plaintiff could perform work as a cleaner/housekeeper, cafeteria
attendant or marker. 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. #24) is accepted and
adopted by the Court.
2.
The Decision of the Commissioner of Social Security is
AFFIRMED.
-2-
3.
The Clerk of the Court shall enter judgment accordingly
and close the file.
DONE AND ORDERED at Fort Myers, Florida, this
September, 2012.
Copies:
Hon. Douglas N. Frazier
U.S. Magistrate Judge
Counsel of Record
-3-
17th
day of
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