Foster v. Commissioner of Social Security

Filing 22

Order...The Court accepts the recommendation of the Magistrate Judge and orders that the decision of the Commissioner, that, based on the applications for a period of disability and disability insurance benefits protectively filed on July 23 2013, a nd for supplemental security income protectively filed on Nov 14 2013, plaintiff Foster is not disabled under any of the sections 216(i), 223(d) and 1614(a)(3)(A) of the Soc Sec Act, and is hereby affirmed. (Ordered by Judge John McBryde on 7/25/2017) (wrb)

U.S. DISTRICT COURT
NORTHERN DISTRICT OF TEXAS

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IN THE UNITED STATES DISTRIC
NORTHERN DISTRICT OF TE
FORT WORTH DIVISION

COURT

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2 5 2017

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CLERK, f L).lJiSTi\ICT COURT

ONITA ANN FOSTER,
Plaintiff,

vs.
NANCY A. BERRYHILL, ACTING
COMMISSIONER, SOCIAL SECURITY
ADMINISTRATION, 1
Defendant.

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~----~~-------Deputy
NO. 4:16-CV-961-A

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ORDER
Came on for consideration the above-captioned action wherein
Onita Ann Foster, is plaintiff and the

Acting Commissioner of

Social Security, currently Nancy A. Berryhill,
is defendant.

("Commissioner")

This is an action for judicial review of a final

decision of the Commissioner denying plaintiff's claims for a
period of disability and disability insurance benefits and
supplemental security income. On July 10, 2017, the United States
Magistrate Judge issued his proposed findings and conclusions and
his recommendation ("FC&R"), and granted the parties until July
24, 2017,

in which to file and serve any written objections

thereto.

To date, neither party has filed objections.

Nevertheless, the court has conducted a thorough study of the
record, the magistrate judge's proposed findings and conclusions,

'Nancy A. Berryhill replaced Carolyn W. Colvin as acting commissioner of the Social Security
Administration. Therefore, pursuant to Federal Rule of Civil Procedure 25( d), Berryhill is automatically
substituted as tbe party of record.

and applicable legal authorities, and has concluded that the
recommendation of the magistrate judge should be accepted.
The court accepts the recommendation of the magistrate judge
and ORDERS that the decision of the Commissioner that, based on
the applications for a period of disability and disability
insurance benefits protectively filed on July 23, 2013, and for
supplemental security income protectively filed on November 14,
2013, plaintiff, Onita Ann Foster, is not disabled under any of
sections 216 (i), 223 (d), and 1614 (a) (3) (A) of the Social Security
Act, be, and is hereby, affirmed.
SIGNED July 25, 2017

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