Silva v. Colvin

Filing 22

ORDER ADOPTING the Magistrate Judge's 15 Report and Recommendation. The Court AFFIRMS the decision of the Commissioner. The Clerk of Court is DIRECTED to enter the appropriate judgment of dismissal and to CLOSE this case. Signed by Chief Judge Lisa G. Wood on 2/19/2016. (csr)

R the Uniteb btatto flitritt Court
for the boutbern Mfigtrttt of Otoraia
runMuick flibiion
BERNICE SILVA,
Plaintiff,
V.

CAROLYN W. COLVIN, Acting
Commissioner,
Defendant.

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CIVIL ACTION NO.: 2:14-cv-169

ORDER

After an independent and de novo review of the entire
record, the Court concurs with the Magistrate Judge's December
29, 2015, Report and Recommendation, dkt. no. 15, to which
Plaintiff filed Objections, dkt. no. 18, and Defendant filed a
Response, dkt. no. 20. Accordingly, the Court ADOPTS the Report
and Recommendation as the opinion of the Court and OVERRULES
Plaintiff's Objections.
Plaintiff's Objections as a whole merely mimic her
previously-raised arguments. Accordingly, the Court need not
address the Objections at length. However, the Court makes a
few points of clarification. Plaintiff did not state in her
disability report at the Agency level or at the administrative
hearing that she had an intellectual disability, nor did
AO 72A
(Rev. 8/82)

Plaintiff show she had the requisite IQ or deficits in adaptive
functioning to meet Listing 12.05C. As Defendant notes, "an
administrative law judge is under no obligation to investigate a
claim not presented at the time of the application for benefits
and not offered at the hearing as a basis for disability."
Terrell v. Colvin, No. CIV.A. 13-00357-B, 2015 WL 328844, at *8
(S.D. Ala. Jan. 26, 2015) (quoting Street v. Barnhart, 133 F.
App'x 621, 627 (11th Cir. 2005)) . However, the Administrative
Law Judge ("AU") discussed whether Plaintiff met any of the
12.00 Listings. The ALJ determined Plaintiff did not meet the
general 12.00 Listings based on the record before him,
implicitly finding Plaintiff did not meet any of the specific
12.00 Listings, including Listing 12.05C. Moreover, as laid out
by the Magistrate Judge, the A-L's determination is supported by
substantial evidence.
The Court AFFIRMS the decision of the Commissioner. The
Clerk of Court is DIRECTED to enter the approi,áte judgment of
dismissal and to CLOSE tlAs ca
SO ORDERED,

this

I LIA /

2016.

L SA ODBEY WOOD, CHIEF JUDGE
UN'TTED STATES DISTRICT COURT
SOUTHERN DISTRICT OF GEORGIA

AO 72A
(Rev. 8/82)

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