Hill v. Commissioner of Social Security

Filing 21

ORDER ADOPTING REPORT AND RECOMMENDATION 20 of Magistrate Judge Charles Goodwin...the Commissioner's decision is affirmed. Signed by Honorable Joe Heaton on 03/26/2015. (lam)

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IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF OKLAHOMA SANDRA KAY HILL, Plaintiff, vs. CAROLYN W. COLVIN, Acting Commissioner of the Social Security Administration, Defendant. ) ) ) ) ) ) ) ) ) ) NO. CIV-13-1232-HE ORDER Plaintiff Sandra Kay Hill filed this action seeking judicial review of the final decision of the Commissioner of the Social Security Administration denying her application for disability insurance benefits. Consistent with 28 U.S.C. § 636(b)(1)(B), the case was referred to Magistrate Judge Charles B. Goodwin, who issued a Report and Recommendation recommending that the Commissioner’s decision be affirmed. Plaintiff filed her application for disability benefits on May 25, 2010. When it was denied initially and on reconsideration, she requested a hearing before an Administrative Law Judge (“ALJ”). After a hearing, the ALJ issued a decision on August 14, 2012, determining that plaintiff was not disabled within the meaning of the Social Security Act. The Appeals Council denied plaintiff’s request for review, so the ALJ’s decision became the final decision of the Commissioner. Plaintiff failed to object to the Report and Recommendation and thereby waived her right to appellate review of the factual and legal issues it addressed. United States v. One Parcel of Real Property, 73 F.3d 1057, 1059-60 (10th Cir. 1996). See 28 U.S.C. §636(b)(1)(C). Accordingly, the court adopts Magistrate Judge Goodwin’s Report and Recommendation. The Commissioner’s decision is AFFIRMED. IT IS SO ORDERED. Dated this 26th day of March, 2015. 2

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