Milam v. Commissioner of Social Security

Filing 28

ORDER adopting Report and Recommendations re 26 Report and Recommendations. The Plaintiff's Objections (Doc. 27) are OVERRULED. The Clerk is directed to enter judgment accordingly, terminate all other pending motions and close the file. Signed by Senior Judge Wm. Terrell Hodges on 2/3/2017. (MJT)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
OCALA DIVISION
DEBRA E. MILAM,
Plaintiff,
-vs-

Case No. 5:15-cv-534-Oc-10PRL

COMMISSIONER OF SOCIAL SECURITY,
Defendant.
___________________________________/
ORDER
On January 5, 2017, the United States Magistrate Judge issued a Report (Doc. 26)
recommending that the Commissioner’s Decision denying the Plaintiff’s claims for
Disability Insurance Benefits and Supplemental Security Income Benefits be affirmed. The
Plaintiff has filed Objections (Doc. 27) to the Report and Recommendation. The Court will
therefore conduct a de novo review of the case. See 28 U.S.C. § 636, M.D. Fla. Local Rule
6.02.
The Plaintiff raised three arguments in her appeal, both of which are reasserted in
her Objections: (1) that the Administrative Law Judge (“ALJ”) erred by finding that Plaintiff
did not meet a listed impairment; (2) that the residual functional capacity (RFC)
assessment is not supported by substantial evidence; and (3) that res judicata bars the
finding that Plaintiff was not disabled prior to March 24, 2014. The Court has reviewed the
record in this case and finds that the Plaintiff’s arguments are unpersuasive, and that
substantial evidence exists to support the ALJ’s findings.

Upon due consideration, and a de novo review of the case, it is hereby ORDERED
as follows:
(1)

The Magistrate Judge’s Report and Recommendation (Doc. 26) is ADOPTED,

CONFIRMED, AND MADE A PART HEREOF;
(2)

The Plaintiff’s Objections (Doc. 27) are OVERRULED;

(3)

Pursuant to sentence four of 42 U.S.C. § 405(g), the Commissioner’s Decision

denying the Plaintiff’s claim for Disability Insurance Benefits and Supplemental Security
Income Benefits is AFFIRMED; and
(4)

The Clerk is directed to enter judgment accordingly, terminate all other

pending motions and close the file.
IT IS SO ORDERED.
DONE and ORDERED at Ocala, Florida this 3rd day of February, 2017.

Copies to:

Counsel of Record
Hon. Philip R. Lammens
Mari Jo Taylor

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