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)
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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