Lee v. Commissioner of Social Security

Filing 20

ORDER: The Report and Recommendation 19 is ACCEPTED and ADOPTED. The decision of the Commissioner of Social Security denying benefits is AFFIRMED. The Clerk is directed to enter a Judgment in favor of the Commissioner reflecting that the Commissioner's decision denying benefits is affirmed. Thereafter, the Clerk is directed to CLOSE THE CASE. Signed by Judge Virginia M. Hernandez Covington on 9/15/2015. (KAK)

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UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA TAMPA DIVISION LAURA A. LEE, Plaintiff, v. Case No. 8:14-cv-2324-T-33JSS COMMISSIONER OF SOCIAL SECURITY, Defendant. _________________________________/ ORDER This matter is before the Court on consideration of United States Magistrate Judge Julie S. Sneed’s Report and Recommendation (Doc. # 19), entered on August 28, 2015, recommending that the decision of the Commissioner of Social Security denying Social Security benefits be affirmed. As of this date, neither party has filed an objection to the report and recommendation, and the time for the parties to file such objections has elapsed. After conducting a careful and complete review of the findings and recommendations, a district judge may accept, reject or modify recommendation. the 28 magistrate U.S.C. § judge’s 636(b)(1); report Williams and v. Wainwright, 681 F.2d 732 (11th Cir. 1982), cert. denied, 459 U.S. 1112 (1983). In the absence of specific objections, there is no requirement that a district judge review factual findings de novo, Garvey v. Vaughn, 993 F.2d 776, 779 n. 9 (11th Cir. 1993), and the court may accept, reject or modify, in whole or in part, the findings and recommendations. 28 U.S.C. § 636(b)(1)(C). The district judge reviews legal conclusions de novo, even in the absence of an objection. See Cooper-Houston v. Southern Ry. Co., 37 F.3d 603, 604 (11th Cir. 1994); Castro Bobadilla v. Reno, 826 F. Supp. 1428, 1431-32 (S.D. Fla. 1993), aff’d, 28 F.3d 116 (11th Cir. 1994) (Table). After conducting a careful and complete review of the findings, conclusions and recommendations, and giving de novo review to matters of law, the Court accepts the factual findings and legal conclusions of the magistrate judge, and the recommendation of the magistrate judge. Accordingly, it is now ORDERED, ADJUDGED, and DECREED: (1) The Report and Recommendation (Doc. # 19) is ACCEPTED and ADOPTED. (2) The decision of the Commissioner of Social Security denying benefits is AFFIRMED. (3) The Clerk is directed to enter a Judgment in favor of the Commissioner reflecting that the Commissioner’s decision denying benefits is affirmed. 2 Thereafter, the Clerk is directed to CLOSE THE CASE. DONE and ORDERED in Chambers, in Tampa, Florida, this 15th day of September, 2015. Copies to: counsel of record 3

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