WHITTINGTON v. COLVIN
Filing
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ORDER adopting 21 Report and Recommendations. The decision of the ALJ is AFFIRMED. Signed by Judge Richard L. Young on 3/2/2016. (TMD)
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF INDIANA
INDIANAPOLIS DIVISION
JAMES WHITTINGTON,
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Plaintiff,
vs.
CAROLYN COLVIN, Acting
Commissioner of the Social Security
Administration,
Defendant.
1:14-cv-01533-RLY-DML
ORDER ADOPTING THE MAGISTRATE JUDGE’S
REPORT AND RECOMMENDATION
James Whittington, Plaintiff, filed a request for judicial review of the decision of
Carolyn W. Colvin, Acting Commissioner of the Social Security Administration, to
terminate his disability insurance benefits under Title II of the Social Security Act, 42
U.S.C. § 401 et seq. The court referred the matter to the Magistrate Judge, who issued
her Report and Recommendation. The Magistrate Judge concluded that the
Administrative Law Judge’s (“ALJ”) decision is supported by substantial evidence, and
therefore recommended that the decision terminating benefits be upheld. Neither party
objects. Consequently, the court reviews the Report and Recommendation for clear error.
Johnson v. Zema Sys. Corp., 170 F.3d 734, 739 (7th Cir. 1999). After reviewing the
record, the ALJ’s decision, and the Report and Recommendation, this court is satisfied
that the Magistrate Judge did not commit clear error. Therefore, the court ADOPTS the
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Magistrate Judge’s Report and Recommendation (Filing No. 21) and AFFIRMS the
decision of the ALJ.
SO ORDERED this 2nd day of March 2016.
__________________________________
RICHARD L. YOUNG, CHIEF JUDGE
United States District Court
Southern District of Indiana
Distributed Electronically to Registered Counsel of Record.
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