Roberts-Hechtman v. Commissioner of Social Security

Filing 26

ORDER adopting 25 REPORT AND RECOMMENDATIONS re 1 Complaint filed by Terri Lyn Roberts-Hechtman. The Clerk is DIRECTED to enter judgment in favor of Defendant Commissioner of Social Security and against Plaintiff Terri Lyn Roberts-Hechtman, and to close the file. Signed by Judge Roy B. Dalton, Jr. on 1/16/2018. (JLC)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
ORLANDO DIVISION
TERRI LYN ROBERTS-HECHTMAN,
Plaintiff,
v.

Case No. 6:16-cv-1669-Orl-37JRK

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.) In support, Plaintiff contends that
the Administrative Law Judge (“ALJ”) erred by: (1) failing to properly perform a
function-by-function analysis to determine his residual functional capacity and weigh the
opinions of all physicians in the record; (2) relying on the testimony of the vocational
expert after posing a hypothetical; and (3) finding her testimony regarding his pain and
limitations not entirely credible. (See Doc. 23, pp. 2–3, 10–24.)
On referral, U.S. Magistrate Judge James R. Klindt recommends that the Court
affirm the Commissioner’s decision. (Doc. 25 (“R&R”).) Specifically, he rejects all of
Plaintiff’s assignments of error, concluding that the ALJ: (1) properly conducted the
function-by-function analysis with descriptions of Plaintiff’s work-related abilities and
any error in the ALJ’s failure to assign specific weight to treatment notes was harmless;
(2) supported her credibility finding with explicit and adequate reasons, and such reasons
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were supported by substantial evidence; and (3) properly relied on the vocational
expert’s testimony in response to a hypothetical because it included the same limitations
as the ALJ’s residual functional capacity finding. (Id. at 5–19.)
The parties did not object to the R&R, and the time for doing so has now passed.
Absent objections, the Court has examined the R&R only for clear error. See Wiand v. 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 no clear error,
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 James R. Klindt’s Report and Recommendation
(Doc. 25) is ADOPTED, CONFIRMED, and made a part of this Order.

2.

The Commissioner’s decision is AFFIRMED.

3.

The Clerk is DIRECTED to enter judgment in favor of Defendant
Commissioner of Social Security and against Plaintiff Terri Lyn RobertsHechtman, and to close the file.

DONE AND ORDERED in Chambers in Orlando, Florida, on January 16, 2018.

Copies to:
Counsel of Record
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