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Stoney v. Commissioner of Social Security, 6:17-cv-2167-Orl-37DCI. (2018)

Court: District Court, M.D. Florida Number: infdco20181217840 Visitors: 4
Filed: Dec. 14, 2018
Latest Update: Dec. 14, 2018
Summary: ORDER ROY B. DALTON, JR. , District Judge . In this social security appeal, Plaintiff seeks review of the Commissioner's decision to deny her social security disability benefits. (Doc. 1.) Plaintiff argues that the Administrative Law Judge (" ALJ ") erred by: (1) failing to weigh the medical opinion of a one-time examiner, Peter T. Dorsher, M.D.; and (2) applying incorrect legal standards and making unsupported factual findings related to Plaintiff's testimony. (Doc. 14, pp. 10-12, 16-19.)
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ORDER

In this social security appeal, Plaintiff seeks review of the Commissioner's decision to deny her social security disability benefits. (Doc. 1.) Plaintiff argues that the Administrative Law Judge ("ALJ") erred by: (1) failing to weigh the medical opinion of a one-time examiner, Peter T. Dorsher, M.D.; and (2) applying incorrect legal standards and making unsupported factual findings related to Plaintiff's testimony. (Doc. 14, pp. 10-12, 16-19.) On referral, U.S. Magistrate Judge Daniel C. Irick recommends rejecting Plaintiff's assignments of error and affirming the Commissioner's decision. (Doc. 15 ("R&R").)

The parties did not object to the R&R, and the time for doing so has now passed. Absent objections, the Court has examined the R&R only for clear error. See Wiand v. Wells Fargo Bank, N.A., No. 8:12-cv-557-T-27EAJ, 2016 WL 355490, at *1 (M.D. Fla. Jan. 28, 2016); see also Macort v. Prem, Inc., 208 F. App'x 781, 784 (11th Cir. 2006). Finding no such error, the Court concludes that the R&R is due to be adopted in its entirety.

Accordingly, it is ORDERED AND ADJUDGED as follows:

1. U.S. Magistrate Judge Daniel C. Irick's Report and Recommendation (Doc. 15) is ADOPTED, CONFIRMED, and made a part of this Order. 2. The Commissioner's final decision is AFFIRMED. 3. The Clerk is DIRECTED to enter judgment in favor of the Commissioner and against Plaintiff and to close this case.
Source:  Leagle

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