Philpot v. Commissioner of Social Security

Filing 22

ORDER: The Amended Report and Recommendation (Doc. # 19 ) is ACCEPTED and ADOPTED. The decision of the Commissioner of Social Security is AFFIRMED. The Clerk is directed to enter a Judgment in favor of the Commissioner reflecting that the Commissioner's decision is affirmed. Thereafter, the Clerk is directed to CLOSE THE CASE. Signed by Judge Virginia M. Hernandez Covington on 3/8/2019. (KAK)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
TAMPA DIVISION
MARY KATHLEEN PHILPOT,
Plaintiff,
v.

Case No.

8:17-cv-2615-T-33AAS

NANCY A. BERRYHILL,
Deputy Commissioner for
Operations, Social Security
Administration,
Defendant.
_________________________________/
ORDER
This matter is before the Court on consideration of
United States Magistrate Judge Amanda Arnold Sansone’s Amended
Report and Recommendation (Doc. # 19), filed on February 7,
2019, recommending that the decision of the Commissioner of
Social Security be affirmed.

On February 20, 2019, Plaintiff

filed an Objection to the Amended Report and Recommendation.
(Doc. # 21).

The Government declined to file a Response to

the Objection.

For the reasons that follow, the Court adopts

the Report and Recommendation of the Magistrate Judge.
Discussion
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

and

Williams

v.

Wainwright, 681 F.2d 732 (11th Cir. 1982).
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).
Upon due consideration of the record, including Judge
Sansone’s

Amended

Plaintiff’s

Report

objection

and

thereto,

Recommendation
the

Court

as

well

overrules

as
the

objection, adopts the Amended Report and Recommendation, and
affirms the Commissioner’s decision.

The Court agrees with

Judge Sansone’s detailed and well-reasoned findings of fact
and conclusions of law. The Amended Report and Recommendation
thoughtfully addresses the issues presented, and the objection
does not provide a basis for rejecting the Amended Report and
Recommendation.
Accordingly, it is now
ORDERED, ADJUDGED, and DECREED:
2

(1)

The Amended Report and Recommendation (Doc. # 19) is
ACCEPTED and ADOPTED.

(2)

The decision of the Commissioner of Social Security is
AFFIRMED.

(3)

The Clerk is directed to enter a Judgment in favor of the
Commissioner reflecting that the Commissioner’s decision
is affirmed.

Thereafter, the Clerk is directed to CLOSE

THE CASE.
DONE and ORDERED in Chambers, in Tampa, Florida, this 8th
day of March, 2019.

3