Wilson v. Commissioner of Social Security

Filing 18

ORDER adopting 16 Report and Recommendations.. Signed by Judge Roy B. Dalton, Jr. on 9/18/2015. (VMF)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
ORLANDO DIVISION

JEFFREY TODD WILSON,
Plaintiff,
v.

Case No. 6:14-cv-1227-Orl-37KRS

COMMISSIONER OF SOCIAL
SECURITY,
Defendant.
ORDER
This cause is before the Court on the following:
1.

U.S. Magistrate Judge Karla R. Spaulding’s Report and Recommendation
(Doc. 16), filed July 10, 2015; and

2.

Plaintiff’s Objections to Report and Recommendation Dated July 10, 2015
(Doc. 17), filed July 21, 2015.

In this Social Security case, U.S. Magistrate Judge Karla R. Spaulding
recommends that the Court affirm the final decision of the Commissioner because: (1) any
error the ALJ made in the treatment of the physician’s functional capacity assessments
was harmless; and (2) the ALJ properly applied the pain standard. (Doc. 16 (“R&R”).)
Plaintiff objects to the R&R. (Doc. 17.)
When a party objects to a magistrate judge’s findings, the district court must “make
a de novo determination of those portions of the report . . . to which objection is made.”
28 U.S.C. § 636(b)(1). The district court “may accept, reject, or modify, in whole or in part,
the findings or recommendations made by the magistrate judge.” Id. The district court

must consider the record and factual issues based on the record independent of the
magistrate judge’s report. Ernest S. ex rel. Jeffrey S. v. State Bd. of Educ., 896 F.2d 507,
513 (11th Cir. 1990).
Having conducted an independent, de novo review of the entire record in light of
Plaintiff’s objections, the Court agrees with Magistrate Judge Spaulding’s comprehensive,
well-reasoned R&R (Doc. 16). Thus, the R&R is due to be adopted and the
Commissioner’s decision is due to be affirmed.
CONCLUSION
Accordingly, it is hereby ORDERED AND ADJUDGED:
1.

Plaintiff’s Objections to Report and Recommendation Dated July 10, 2015
(Doc. 17) are OVERRULED.

2.

U.S. Magistrate Judge Karla R Spaulding’s Report and Recommendation
(Doc. 16) is ADOPTED AND CONFIRMED and made a part of this Order.

3.

The decision of the Commissioner is AFFIRMED.

4.

The Clerk is DIRECTED to enter judgment in favor of Defendant and against
Plaintiff and to close this case.

DONE AND ORDERED in Chambers in Orlando, Florida, on September 18, 2015.

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Copies:
Counsel of Record

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