Herbello v. Commissioner of Social Security

Filing 39

OPINION AND ORDER adopting 38 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 8/1/2017. (RKR)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
FORT MYERS DIVISION
CLAUDIA HERBELLO, on behalf
of
Ernesto
Herbello
(Deceased),
Plaintiff,
v.

Case No:

COMMISSIONER
SECURITY,

OF

2:16-cv-539-FtM-99MRM

SOCIAL

Defendant.
OPINION AND ORDER
This

matter

is

before

the

Court

on

consideration

of

Magistrate Judge Mac R. McCoy’s Report and Recommendation (Doc.
#38), filed on July 10, 2017, 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 Soc. Sec. Admin., 496 F.3d 1253, 1260 (11th Cir. 2007)
(citing Martin, 894 F.2d at 1529).
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. #38) is accepted and

adopted by the Court.
2.

The Decision of the Commissioner of Social Security is

affirmed.

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3.

The Clerk of the Court shall enter judgment accordingly

and close the file.
DONE and ORDERED at Fort Myers, Florida, this
August, 2017.

Copies:
Hon. Mac R. McCoy
U.S. Magistrate Judge
Counsel of Record

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