D'Orazio v. Commissioner of Social Security

Filing 18

ORDER adopting 17 Report and Recommendations. The Commission's decision is AFFIRMED. Signed by Judge Roy B. Dalton, Jr. on 5/15/2017. (VMF)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
ORLANDO DIVISION
CATHERINE BAKER D’ORAZIO,
Plaintiff,
v.

Case No. 6:16-cv-604-Orl-37DCI

COMMISSIONER OF SOCIAL
SECURITY,
Defendant.
_____________________________________
ORDER
In this social security appeal, Plaintiff seeks review of the Commissioner’s decision
to deny her social security disability benefits. (Doc. 1.) As set forth in U.S. Magistrate
Judge Daniel C. Irck’s Report and Recommendation (“R&R”), Plaintiff contends that the
administrative law judge (“ALJ”) erred by: (1) failing to weigh the opinions of her
treating physicians; and (2) discrediting her testimony concerning pain and limitations.
(Doc. 17.) Neither party filed objections, and the time for doing so has now passed.
In his R&R, Magistrate Judge Irick concludes that the ALJ did consider the
opinions of Plaintiff’s treating physicians and, therefore, the ALJ’s failure to expressly
weigh such opinions was harmless error. (Id. at 9). As to Plaintiff’s second assignment of
error, Magistrate Judge Irick finds Plaintiff’s argument unavailing, as she failed to
challenge any of the reasons the ALJ articulated in support of the credibility
determination. (See id.)
Absent objections, the Court has examined the R&R for clear error. See Wiand v.
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Wells Fargo Bank, N.A., No. 8:12-cv-557-T-27EAJ, 2016 WL 355490, at *1 (M.D. Fla. Jan. 28,
2016); see also Marcort v. Prem, Inc., 208 F. App’x 781, 784 (11th Cir. 2006). Finding none,
the Court concludes that the R&R is due to be adopted in its entirety.
Accordingly, it is ORDERED AND ADJUDGED as follows:
1.

U.S. Magistrate Judge Daniel C. Irick’s Report and Recommendation
(Doc. 17) is ADOPTED, CONFIRMED, and made a part of this Order.

2.

The Commission’s decision is AFFIRMED.

3.

The Clerk is DIRECTED to:
a.

Enter judgment in favor of Defendant Commissioner of Social
Security and against Plaintiff Catherine Baker D’Orazio; and

b.

Close the file.

DONE AND ORDERED in Chambers in Orlando, Florida, on May 15, 2017.

Copies to:
Counsel of Record

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