Preston v. Commissioner of Social Security

Filing 25

ORDER adopting Report and Recommendations. The Plaintiff's 24 Objections 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 7/5/2017. (MJT)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
OCALA DIVISION
CHRYSTAL PRESTON o/b/o
THOMAS RAY BRAZEE (deceased),
Plaintiff,
-vs-

Case No. 5:16-cv-350-Oc-10PRL

COMMISSIONER OF SOCIAL SECURITY,
Defendant.
___________________________________/
ORDER
On April 28, 2017, the United States Magistrate Judge issued a Report (Doc. 23)
recommending that the Commissioner’s Decision denying the Plaintiff’s claim for Disability
Insurance Benefits be affirmed. The Plaintiff has filed Objections to the Report and
Recommendation. (Doc. 24.)
The Court has conducted a de novo review of the record in this case and agrees with
the Magistrate Judge’s detailed and well-reasoned report and recommendation. Simply
put, the Court concludes that the Administrative Law Judge properly evaluated the medical
evidence and Plaintiff’s residual functional capacity (“RFC”), and his findings are supported
by substantial evidence.
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. 23) is ADOPTED,

CONFIRMED, AND MADE A PART HEREOF;
(2)

The Plaintiff’s Objections (Doc. 24) 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 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 5th day of July, 2017.

Copies to:

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

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