ONEAL v. COLVIN

Filing 19

ORDER ADOPTING 16 Report and Recommendations. Accordingly, the Commissioners decision is AFFIRMED. Ordered by U.S. District Judge MARC THOMAS TREADWELL on 3/9/2015. (tlh)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF GEORGIA
MACON DIVISION
VERONICA O’NEAL,
Plaintiff,
v.
CAROLYN W. COLVIN, Acting
Commissioner of Social Security,
Defendant.

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CIVIL ACTION NO. 5:14-CV-121 (MTT)

ORDER
Before the Court is a Report and Recommendation from United States
Magistrate Judge Charles H. Weigle. (Doc. 16). The Magistrate Judge recommends
affirming the Commissioner’s decision to deny the Plaintiff’s application for benefits
because it is based on the application of proper legal standards and is supported by
substantial evidence. The Plaintiff has filed an objection to the Recommendation. (Doc.
17). The Plaintiff objects “to every statement in it”; argues the Magistrate Judge’s
“claims” are “untrue” and “misleading”; claims the Magistrate Judge cannot explain how
he has evaded Eleventh Circuit authority; accuses the Magistrate Judge of “grossly
misconstruing legal authority,” of “just claim[ing]” the ALJ satisfied his legal
responsibilities, of suggesting the ALJ’s decision was “blameless because it is lengthy,”
of asserting that the Eleventh Circuit has sanctioned “cherry-picking the evidence,” of
“artfully assert[ing]” a finding the Plaintiff disagrees with, and of not “feel[ing] the need to
evaluate” a fact allegedly supporting the Plaintiff’s position. (Doc. 17 at 1-4). The
hyperbole and unprofessionalism of the objection render it profoundly unpersuasive.

Nevertheless, the Court carefully reviewed the record to determine if there was anything
that would warrant the Plaintiff’s over-the-top rhetoric. There was not.
Pursuant to 28 U.S.C. § 636(b)(1), the Court has thoroughly considered the
Plaintiff’s objections and has made a de novo determination of the portions of the
Recommendation to which the Plaintiff objects.  As the Magistrate Judge correctly
concluded, the “ALJ’s conclusion as a whole was supported by substantial evidence in
the record.” Dyer v. Barnhart, 395 F.3d 1206, 1211 (11th Cir. 2005).  The Court accepts
and adopts the findings, conclusions, and recommendations of the Magistrate Judge.
The Recommendation is ADOPTED and made the order of this Court. Accordingly, the
Commissioner’s decision is AFFIRMED.
SO ORDERED, this 9th day of March, 2015.
S/ Marc T. Treadwell
MARC T. TREADWELL, JUDGE
UNITED STATES DISTRICT COURT

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