Elawyers Elawyers
Washington| Change

Barger v. Commissioner of Social Security, 6:18-cv-895-Orl-37TBS. (2019)

Court: District Court, M.D. Florida Number: infdco20190315c04 Visitors: 5
Filed: Mar. 13, 2019
Latest Update: Mar. 13, 2019
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 and supplemental security income payments. (Doc. 1.) Plaintiff argues that the Administrative Law Judge (" ALJ ") erred by applying the incorrect legal standards to the medical opinion of Plaintiff's treating physician. ( See Doc. 16.) On referral, U.S. Magistrate Judge Thomas B. Smith recommends affirming the Com
More

ORDER

In this social security appeal, Plaintiff seeks review of the Commissioner's decision to deny her social security disability benefits and supplemental security income payments. (Doc. 1.) Plaintiff argues that the Administrative Law Judge ("ALJ") erred by applying the incorrect legal standards to the medical opinion of Plaintiff's treating physician. (See Doc. 16.) On referral, U.S. Magistrate Judge Thomas B. Smith recommends affirming the Commissioner's decision. (Doc. 17 ("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 Thomas B. Smith's Report and Recommendation (Doc. 17) 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

Can't find what you're looking for?

Post a free question on our public forum.
Ask a Question
Search for lawyers by practice areas.
Find a Lawyer