Wilcox v. Commissioner of Social Security

Filing 18

ORDER adopting 17 REPORT AND RECOMMENDATIONS re 1 Complaint filed by Wilhelmina Wilcox, 16 Memorandum social security - defendant filed by Commissioner of Social Security. The Clerk is DIRECTED to enter judgment in favor of Defendant Commissioner of Social Security and against Plaintiff Wilhemina Wilcox; and close the file. Signed by Judge Roy B. Dalton, Jr. on 8/23/2018. (ctp)(JLC)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
ORLANDO DIVISION
WILHELMINA WILCOX,
Plaintiff,
v.

Case No. 6:17-cv-280-Orl-37TBS

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 Thomas B. Smith’s Report and Recommendation (“R&R”), Plaintiff contends that
the administrative law judge (“ALJ”) erred by failing to call a medical expert to determine
the Plaintiff’s onset date of disability. (Doc. 17, pp. 5–8; see also Doc. 16, pp. 17–20.) On
careful review, Magistrate Judge Smith rejects Plaintiff’s assignment of error, as Plaintiff
filed two separate disability applications with distinct adjudication periods, and the ALJ
was not bound by either outcome. (See Doc. 17, pp. 6–9.) Moreover, Plaintiff did not allege
any resulting prejudice. (Id. at 9.) Thus, Magistrate Judge Smith recommends rejecting
Plaintiff’s assignment of error and affirming the Commissioner’s final decision. (Id. at 9.)
Neither party filed objections, and the time for doing so has now passed. Absent
objections, the Court has examined the R&R 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
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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 Thomas B. Smith’s Report and Recommendation
(Doc. 17) is ADOPTED, CONFIRMED, and made a part of this Order.

2.

The Commissioner’s decision is AFFIRMED.

3.

The Clerk is DIRECTED to:
a.

Enter judgment in favor of Defendant Commissioner of Social
Security and against Plaintiff Wilhemina Wilcox; and

b.

Close the file.

DONE AND ORDERED in Chambers in Orlando, Florida, on August 23, 2018.

Copies to:
Counsel of Record

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