Slocumb v. Commissioner of Social Security
Filing
22
ORDER adopting Report and Recommendations. The Plaintiff's 21 Objections are overruled and 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 7/5/2017. (MJT)
UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
OCALA DIVISION
CHRISTY SLOCUMB,
Plaintiff,
-vs-
Case No. 5:16-cv-617-Oc-10PRL
COMMISSIONER OF SOCIAL SECURITY,
Defendant.
___________________________________/
ORDER
On May 15, 2017, the United States Magistrate Judge issued a Report (Doc. 20)
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. 21) 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 one argument in her appeal: that the Administrative Law Judge
(ALJ) failed to fully and fairly develop the record because he did not order a consultative
psychological examination. (Doc. 1.)
The Court agrees with the Magistrate Judge’s finding that the ALJ fully and fairly
developed the record, and that a consultative psychological evaluation was not necessary.
Substantial evidence supports the ALJ’s decision that the Plaintiff does not have a
disabling mental health condition. Plaintiff did not meet her burden of providing evidence
to show that she 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. 20) is ADOPTED,
CONFIRMED, AND MADE A PART HEREOF;
(2)
The Plaintiff’s Objections (Doc. 21) are OVERRULED and her 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 5th day of July, 2017.
Copies to:
Counsel of Record
Hon. Philip R. Lammens
Mari Jo Taylor
2
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