Richardson v. Commissioner of Social Security

Filing 25

ORDER adopting Report and Recommendations re 23 Report and Recommendations, affirming decision of Commissioner, directing Clerk to close the case. Signed by Judge Gregory A. Presnell on 2/20/2014. (ED)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
ORLANDO DIVISION
VELICIA MICHELLE RICHARDSON,
Plaintiff,
v.

Case No: 6:13-cv-488-Orl-31DAB

COMMISSIONER OF SOCIAL
SECURITY,
Defendant.

ORDER
This matter comes before the Court on the Report and Recommendation of Magistrate
Judge Baker (Doc. 23) and the Plaintiff’s objection (Doc. 24) thereto. The Commissioner has not
filed a response.
Upon de novo review, the Court agrees that the decision of the Commissioner is due to be
affirmed. The ALJ’s determination that the child had a less than marked limitation in the domain
of “interacting and relating with others” is supported by substantial evidence. The Plaintiff points
to other evidence in the record that would support a contrary conclusion, but that does not
undermine the evidence relied upon by the ALJ. In addition, the Court agrees that the Appeals
Council correctly determined that the teacher questionnaires submitted after the ALJ’s decision
did not warrant remand. The questionnaires were dated December 16, 2011 and by all indications
assessed the child’s status as of that date, whereas the ALJ’s decision was handed down on
September 23, 2011. The Appeals Council must consider “new, material, and chronologically
relevant evidence,” Ingram v. Comm’r of Soc. Sec., 496 F.3d 1253, 1261 (11th Cir. 2007), but at

least in this case, an assessment of the claimant’s status nearly three months after the ALJ’s
decision does not meet this standard. Accordingly, it is hereby
ORDERED that the Plaintiff’s objection is OVERRULED; the Report and
Recommendation of the Magistrate Judge is CONFIRMED, and the Decision of the
Commissioner is AFFIRMED. The Clerk is directed to enter judgment for Defendant and close
the case.
DONE and ORDERED in Chambers, Orlando, Florida on February 20, 2014.

Copies furnished to:
Counsel of Record
Unrepresented Party

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