Rios v. Commissioner of Social Security

Filing 16

ORDER adopting 15 REPORT AND RECOMMENDATIONS re 1 Complaint filed by Abraham Rios. The Clerk is DIRECTED to enter judgment in favor of Defendant Commissioner of Social Security and against Plaintiff Abraham Rios, and to close the file. Signed by Judge Roy B. Dalton, Jr. on 6/21/2018. (ctp)(JLC)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
ORLANDO DIVISION
ABRAHAM RIOS,
Plaintiff,
v.

Case No. 6:17-cv-1074-Orl-37DCI

COMMISSIONER OF SOCIAL
SECURITY,
Defendant.
_____________________________________
ORDER
In this social security appeal, Plaintiff seeks review of the Commissioner’s decision
to deny him disability insurance benefits and supplemental security income. (Doc. 1.) In
support, Plaintiff contends that the Administrative Law Judge (“ALJ”) erred by failing to
properly weigh the opinion of Plaintiff’s treating physician. (Doc. 14, pp. 12–16.) On
referral, U.S. Magistrate Judge Daniel C. Irick recommends that the Court affirm the
Commissioner’s decision. (Doc. 15 (“R&R”).) In his R&R, Magistrate Judge Irick rejects
Plaintiff’s assignment of error, concluding that because the opinion of Plaintiff’s treating
physician does not contradict the ALJ’s residual functional capacity assessment, any
alleged failure to accord substantial weight to that opinion would have been harmless.
(Id. at 7.)
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);
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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. 15) 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 Abraham Rios, and
to close the file.

DONE AND ORDERED in Chambers in Orlando, Florida, on June 21, 2018.

Copies to:
Counsel of Record

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