Pratt v. Commissioner of Social Security

Filing 27

ORDER adopting Report and Recommendations re 24 Report and Recommendations. The Plaintiff's Objections (Doc. 25 ) are OVERRULED and his request for oral argument is DENIED. 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
RICHARD LEE PRATT,
Plaintiff,
-vs-

Case No. 5:16-cv-110-Oc-10PRL

COMMISSIONER OF SOCIAL SECURITY,
Defendant.
___________________________________/
ORDER
On December 30, 2016, the United States Magistrate Judge issued a Report (Doc.
24) recommending that the Commissioner’s Decision denying the Plaintiff’s claims for
Disability Insurance and Supplemental Security Income Benefits be affirmed. The Plaintiff
has filed Objections (Doc. 25) to the Report and Recommendation. The Commissioner has
filed a response to the objections. (Doc. 26.) 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 one argument in his appeal: that the Administrative Law Judge
(ALJ) failed to fully and fairly develop the record because he did not include in the evidence
two of the consultative examination records relied upon by state agency physicians who
found that Plaintiff does not suffer from severe mental impairments or limitations. (Doc.
21.)
The Court agrees with the Magistrate Judge’s finding that the ALJ fully and fairly
developed the record, and that even without the opinions of consulting physicians Dr. Bee

and Dr. DeCubas, substantial evidence still supports the ALJ’s decision that the Plaintiff
does not have a disabling mental health condition. Plaintiff did not meet his burden of
providing evidence to show that he has a disabling mental health condition.
Accordingly, 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. 24) is ADOPTED,

CONFIRMED, AND MADE A PART HEREOF;
(2)

The Plaintiff’s Objections (Doc. 25) are OVERRULED and his request for oral

argument is DENIED;
(3)

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

denying the Plaintiff’s claim for Disability Insurance 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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