Albelo v. Acting Commissioner of Social Security

Filing 21

Order Adopting Magistrate Judge's Report and Recommendations re 20 Report and Recommendations. The Court denies Plaintiff's motion for summary judgment DE 13 , and the Court grants Defendant's motion for summary judgment. DE 15 , 17 . Finally, the Court directs the Clerk to close this case. All pending motions are denied as moot. Certificate of Appealability: No Ruling. Signed by Senior Judge Robert N. Scola, Jr on 9/25/2024. See attached document for full details. (ebz)

United States District Court
for the
Southern District of Florida
Yaimara C. Albelo, Plaintiff,
v.
Kilolo Kijakazi, Acting
Commissioner of Social Security,
Defendant.

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) Civil Action No. 23-21592-Civ-Scola
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Order Adopting Magistrate Judge’s Report and Recommendations
This matter comes before the Court on the parties’ motions for summary
judgment. (ECF Nos. 13, 15, 17.) Plaintiff Yaimara Albelo (“Albelo”) challenged
the denial of her social security benefits, alleging disability based on
schizoaffective disorder and back pain. Albelo and Defendant Kilolo Kijakazi 1,
Commissioner of the Social Security Administration (“Commissioner”), filed
cross-motions for summary judgment. (Id.) The case was referred to United
States Magistrate Judge Marty Fulgueira Elfenbein for a ruling on all pre-trial,
non-dispositive matters and for a report and recommendation on any
dispositive matters. (ECF Nos. 12, 19.) On August 13, 2024, Judge Elfenbein
issued a report, recommending the Court deny Plaintiff’s motion for summary
judgment, grant the Defendant’s motion for summary judgment, and affirm the
decision of the Administrative Law Judge (“ALJ”). (R&R, ECF No. 20.) The R&R
gave the parties fourteen days to file written objections, but neither party did
so.
A district court judge must conduct a de novo review of only “those
portions of the report or specified proposed findings or recommendations to
which objection is made.” 28 U.S.C. § 636. Where no objections are made, a
report may be adopted in full without conducting a de novo review, provided no
plain error exists. See id.; Menendez v. Naples Cmty. Hosp. Inc., No. 2:20-CV898-SPC-MRM, 2021 U.S. Dist. LEXIS 215317, 2021 WL 5178496, at *1 (M.D.
Fla. Nov. 8, 2021) (collecting cases).
The Court has considered Judge Elfenbein’s report, the record, and the
relevant legal authorities. The Court finds Judge Elfenbein’s report and
recommendations cogent and compelling. The Court affirms and adopts Judge
Plaintiff’s suit was filed against Kilolo Kijakazi, the Acting Commissioner at the time of filing.
Martin J. O’Malley was sworn in as Commissioner of the Social Security Administration on
December 20, 2023. Pursuant to Federal Rule of Civil Procedure 25(d), Martin J. O’Malley
should be substituted for Kilolo Kijakazi as the suit’s Defendant.
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Elfenbein’s report and recommendations and affirms the decision of the
Administrative Law Judge (“ALJ”). (ECF No. 20.) Accordingly, the Court denies
Plaintiff’s motion for summary judgment (ECF No. 13), and the Court grants
Defendant’s motion for summary judgment. (ECF Nos. 15, 17.) Finally, the
Court directs the Clerk to close this case. All pending motions are denied as
moot.
Done and ordered in Miami, Florida, on September 25, 2024.

_______________________________
Robert N. Scola, Jr.
United States District Judge