WILLIAMS v. ASTRUE

Filing 19

ORDER ADOPTING REPORT AND RECOMMENDATION re: 17 Report and Recommendation affirming the decision of the Commissioner. Signed by SENIOR JUDGE MAURICE M PAUL on 12/17/08. (bkp) Modified on 12/29/2008 (bkp).

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IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF FLORIDA GAINESVILLE DIVISION ALESSA M. WILLIAMS, Plaintiff, v. MICHAEL J. ASTRUE, Defendant. ___________________________/ ORDER This matter is before the Court on Doc. 17, Report and Recommendation of the Magistrate Judge, recommending that the decision of the Commissioner denying benefits be affirmed. The Magistrate issued the Report on Monday, November 17, 2008. The parties have been furnished a copy of the Report and have been afforded an opportunity to file objections. Pursuant to 28 U.S.C. § 636(b)(1), the Court must make a de novo review of those portions of the Report to which an objection has been made. Plaintiff has filed an objection at Doc. 18. Upon consideration of the Report and the objection thereto, the Court agrees with the Magistrate that the decision of the Commissioner denying benefits should be affirmed. As the Magistrate notes, Plaintiff has failed to explain how Plaintiff's obesity, combined with Plaintiff's other impairments, meets or is equivalent to any particular disability listing. Plaintiff's objection, which simply lists Plaintiff's other impairments, also fails to explain this. Because there is substantial evidence to support the Commissioner's findings, and for the CASE NO. 1:07-cv-00137-MP-AK

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reasons stated in the Report, it is hereby ORDERED AND ADJUDGED: The Report and Recommendation of the Magistrate Judge, Doc. 17, is ADOPTED and incorporated herein. The decision of the Commissioner denying benefits is AFFIRMED. DONE AND ORDERED this 17th day of December, 2008

s/Maurice M. Paul
Maurice M. Paul, Senior District Judge

Case No: 1:07-cv-00137-MP-AK