Carella v. Commissioner of Social Security

Filing 23

ORDER adopting 18 REPORT AND RECOMMENDATIONS re 1 Complaint filed by Kara M. Carella. The Magistrate Judge's Report and Recommendation (Doc. 18) is adopted, confirmed, and made a part hereof; The Plaintiff's Objections (Doc. 20 ) are OVERRULED. Pursuant to sentence four of 42 U.S.C. § 405(g), the Commissioner's Decision is hereby AFFIRMED. The Clerk is directed to enter judgment, terminate pending motions and close the file. Signed by Senior Judge Wm. Terrell Hodges on 7/17/2017. (LAB)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
OCALA DIVISION
KARA M. CARELLA,
Plaintiff,
-vs-

Case No. 5:16-cv-382-Oc-10PRL

COMMISSIONER OF SOCIAL SECURITY,
Defendant.
___________________________________/
ORDER
On February 23, 2017, the United States Magistrate Judge issued a Report (Doc.
18) recommending that the Commissioner’s Decision denying the Plaintiff’s claim for
Disability Insurance Benefits be affirmed. Contrary to Plaintiff’s assertions, the Magistrate
Judge found that the Administrative Law Judge (ALJ) adequately developed the record and
properly relied on the vocational expert’s testimony. Id.
The Plaintiff has filed Objections to the Report and Recommendation (Doc. 20), and
Defendant has filed a Response to the Objections. (Doc. 22). The Social Security
Administration found that Plaintiff ceased to be disabled as of April 1, 2012. Plaintiff argues
that in a disability benefits cessation case the burden is on the Social Security
Administration to prove that the person, such as Plaintiff, is no longer disabled, and the ALJ
and the Appeals Council failed to fulfil their duty of obtaining updated medical information
and opinions from Plaintiff’s treating physicians. (Docs. 16, 20). Plaintiff alleges that the
ALJ erred in finding that there was substantial medical improvement. (Doc. 16). Plaintiff

also maintains that the ALJ improperly relied on the vocational expert’s testimony because
it conflicts with the Dictionary of Occupational Titles and the Selected Characteristics of
Occupations defined in the Dictionary of Occupational Titles. Id.
The Court has conducted a de novo review and agrees with the Magistrate Judge’s
detailed and well-reasoned report and recommendation. The Court concludes that the ALJ
properly developed the record based on the information before him and properly relied on
the testimony of the vocational expert. 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.
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. 18) is ADOPTED,

CONFIRMED, AND MADE A PART HEREOF;
(2)

The Plaintiff’s Objections (Doc. 20) 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.

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DONE and ORDERED at Ocala, Florida this 17th day of July, 2017.

Copies to:

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

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