Montes v. Commissioner of Social Security

Filing 27

ORDER adopting 26 REPORT AND RECOMMENDATIONS. The Clerk is DIRECTED to enter judgment in favor of Defendant Commissioner of Social Security and against Plaintiff Alexander Ortiz Montes and to close this case. Signed by Judge Roy B. Dalton, Jr. on 6/13/2018. (ctp)(JLC)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
ORLANDO DIVISION
ALEXANDER ORTIZ MONTES,
Plaintiff,
v.

Case No. 6:17-cv-1481-Orl-37TBS

COMMISSIONER OF SOCIAL
SECURITY,
Defendant.
_____________________________________
ORDER
In this social security appeal, Plaintiff Alexander Ortiz Montes (“Montes”) seeks
review of the Commissioner’s decision to deny him social security disability benefits.
(Doc. 1.) In support, Plaintiff lobs several objections to the Administrative Law Judge’s
(“ALJ”) unfavorable decision from June 16, 2016 to deny his benefits, including: (1) an
erroneous conclusion that the he has residential functional capacity to perform sedentary
work; (2) inaccurate findings regarding the vocational expert’s testimony; and (3) the lack
of substantial evidence to support the credibility determination. (See Doc. 25, pp. 17–30.)
On referral, U.S. Magistrate Judge Thomas B. Smith recommends that the Court
affirm the Commissioner’s decision. (Doc. 26 (“R&R”).) Specifically, Magistrate Judge
Smith disagrees with Montes’s contentions, finding that that the Commissioner’s decision
was made pursuant to the correct legal standard with substantial supporting evidence.
(Id. at 13.)
The parties did not object to the R&R, and the time for doing so has now passed.
-1-

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 Thomas B. Smith’s Report and Recommendation
(Doc. 26) is ADOPTED, CONFIRMED, and made a part of this Order.

2.

The Commissioner’s final decision is AFFIRMED.

3.

The Clerk is DIRECTED to enter judgment in favor of Defendant
Commissioner of Social Security and against Plaintiff Alexander Ortiz
Montes and to close this case.

DONE AND ORDERED in Chambers in Orlando, Florida, on June 13, 2018.

Copies to:
Counsel of Record

-2-