Fernandes v. Commissioner of Social Security

Filing 18

ENTRY AND ORDER OVERRULING OBJECTIONS 17 , ADOPTING REPORT AND RECOMMENDATIONS 15 , AFFIRMING THE COMMISSIONER'S NON-DISABILITY FINDING, AND TERMINATING THIS CASE. Signed by Judge Thomas M. Rose on 8-13-2018. (de)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF OHIO
WESTERN DIVISION AT DAYTON
MADINA FERNANDES,

:
Case No. 3:17-CV-277
:
Plaintiff,
:
Judge Thomas M. Rose
:
v.
:
:
COMMISSIONER OF SOCIAL SECURITY, :
:
Defendant.
:
______________________________________________________________________________
ENTRY AND ORDER OVERRULING OBJECTIONS (DOC. 17),
ADOPTING REPORT AND RECOMMENDATIONS (DOC. 15),
AFFIRMING THE COMMISSIONER’S NON-DISABILITY FINDING,
AND TERMINATING THIS CASE
______________________________________________________________________________
This case is before the Court on the Objections (Doc. 17) filed by Plaintiff Madina
Fernandes (“Plaintiff”) to Magistrate Judge Sharon L. Ovington’s Report and
Recommendations (“Report”) (Doc. 15). Magistrate Judge Ovington recommended that
the decision denying Plaintiff’s application for Supplemental Security Income be
affirmed. Plaintiff filed Objections (Doc. 17) to the Report, which re-asserted the same
arguments in her appeal concerning the ALJ’s consideration of the opinions of Plaintiff’s
treating mental health professionals.

The Commissioner has not responded to the

Objections, but the Court deems no response necessary based upon its review of the
record. This matter is therefore ripe for review.
As required by 28 U.S.C. § 636(b) and Federal Rule of Civil Procedure 72(b), the
Court has made a de novo review of the record in this case. Upon said review, the Court

finds that Plaintiff’s Objections (Doc. 17) to the Report (Doc. 15) are not well-taken and
are hereby OVERRULED. The Court ADOPTS the Report (Doc. 15) and AFFIRMS the
Commissioner’s decision denying Plaintiff’s application for Supplemental Security
Income (protectively filed on August 2, 2012). This case is hereby TERMINATED on the
docket of this Court.
DONE and ORDERED in Dayton, Ohio, this Monday, August 13, 2018.
s/Thomas M. Rose
________________________________
THOMAS M. ROSE
UNITED STATES DISTRICT JUDGE

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