Larrazabal v. Commissioner of Social Security

Filing 20

ORDER: The Report and Recommendation (Doc. # 19) is ACCEPTED and ADOPTED. The decision of the Commissioner of Social Security is AFFIRMED under sentence four of 42 U.S.C. § 405(g). The Clerk is directed to enter judgment accordingly and, thereafter, CLOSE this case. Signed by Judge Virginia M. Hernandez Covington on 6/4/2024. (DMD)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
TAMPA DIVISION
ZULMA ANGELICA LARRAZABAL,
Plaintiff,
v.

Case No. 8:23-cv-2081-VMC-PRL

COMMISSIONER,
SOCIAL SECURITY ADMINISTRATION,
Defendant.
_______________________________/
ORDER
This matter comes before the Court upon consideration of
United States Magistrate Judge Philip R. Lammens’s Report and
Recommendation

(Doc.

#

19),

entered

on

May

20,

2024,

recommending that the decision of the Commissioner of Social
Security denying 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.
Discussion
After conducting a careful and complete review of the
findings and recommendations, a district judge may accept,
reject,

or

modify

recommendation.

28

the

magistrate

U.S.C.

§

judge’s

636(b)(1);

report
Williams

and
v.

Wainwright, 681 F.2d 732 (11th Cir. 1982). In the absence of
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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
recommendation. 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. S. 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).
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.
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 is
AFFIRMED under sentence four of 42 U.S.C. § 405(g).

(3)

The Clerk is directed to enter judgment accordingly and,
thereafter, CLOSE this case.

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DONE and ORDERED in Chambers in Tampa, Florida, this 4th
day of June, 2024.

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