Veglia v. Commissioner of Social Security

Filing 18

OPINION AND ORDER terminating as moot 16 Report and Recommendations; adopting and accepting 17 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 3/19/2014. (RKR)

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UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA FORT MYERS DIVISION NANCI J. VEGLIA, Plaintiff, v. Case No: 2:13-cv-227-FtM-29DNF COMMISSIONER SECURITY, OF SOCIAL Defendant. OPINION AND ORDER This Magistrate matter is Judge Douglas Recommendation (Doc. before N. #17), the Court Frazier’s filed on on consideration Amended Report February 21, of and 2014, recommending that the Decision of the Commissioner 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)(citing Lewis v. Callahan, 125 F.3d 1436, 1439 (11th Cir. 1997)). 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)(citing Crawford, 363 F.3d at 1158-59). Even if the evidence preponderates against the Commissioner’s findings, the Court must affirm if evidence. the decision Crawford, reached 363 F.3d is at supported 1158-59 by substantial (citing Sullivan, 894 F.2d 1520, 1529 (11th Cir. 1990)). Martin v. 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 (citing Bloodsworth v. Heckler, 703 F.2d 1233, 1239 (11th Cir. 1983)); Dyer v. Barnhart, 395 F.3d 1206, 1210 (11th Cir. 2005)(citing Phillips v. Barnhart, 357 F.3d 1232, 1240 n.8 (11th Cir. 2004)). The Court reviews the Commissioner’s conclusions of law under a de novo standard of review. Ingram v. Comm’r of SSA, 496 F.3d 1253, 1260 (11th Cir. 2007)(citing Martin, 894 F.2d at 1529). The Report and Recommendation finds that the Administrative Law Judge did not err in the consideration of plaintiff’s pain and credibility, and did not err in the evaluations of the state agency opinions. 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. #16) is terminated as moot in light of the amended filing. 2. The Amended Report and Recommendation (Doc. #17) is accepted and adopted by the Court. - 2 - 3. The Decision of the Commissioner of Social Security is affirmed. 4. The Clerk of the Court shall enter judgment accordingly and close the file. DONE and ORDERED at Fort Myers, Florida, this of March, 2014. Copies: Hon. Douglas N. Frazier U.S. Magistrate Judge Counsel of Record - 3 - 19th day

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