Williams v. Commissioner of Social Security

Filing 23

ORDER ADOPTING REPORT AND RECOMMENDATION 22 of Magistrate Judge Suzanne Mitchell and the court affirms the decision of the Commissioner. Signed by Honorable Joe Heaton on 09/24/2015. (lam)

IN THE UNITED STATES DISTRICT COURT FOR THE
WESTERN DISTRICT OF OKLAHOMA
ALICIA DAWN WILLIAMS,
Plaintiff,
vs.
CAROLYN W. COLVIN,
Acting Commissioner of the
Social Security Administration,
Defendant.

)
)
)
)
)
)
)
)
)
)

NO. CIV-14-0220-HE

ORDER
Plaintiff Alicia Dawn Williams 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), (b)(3) and
Fed.R.Civ.P.72(b), the case was referred to Magistrate Judge Suzanne Mitchell, who issued
a Report and Recommendation recommending that the Commissioner’s decision be affirmed.
Plaintiff filed her application for disability benefits on July 28, 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 an unfavorable decision on May 31, 2013.
When the Appeals Council denied plaintiff’s request for review, 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 Mitchell’s Report and
Recommendation. The Commissioner’s decision is AFFIRMED.
IT IS SO ORDERED.
Dated this 24th day of September, 2015.

2