Filed: Aug. 14, 2019
Latest Update: Aug. 14, 2019
Summary: ORDER G. KENDALL SHARP , Senior District Judge . THIS CAUSE comes for consideration on Plaintiff Kenneth D. Burr, Jr.'s appeal from a final decision of the Commissioner of the Social Security Administration (the "Commissioner") denying Plaintiff's application for Disability Insurance Benefits ("DIB") after proceedings before an Administrative Law Judge ("ALJ"). 1 On February 22, 2019, the Commissioner filed a Motion for Partial Judgment on the Pleadings (the "Motion") (Doc. 23) pursuant to
Summary: ORDER G. KENDALL SHARP , Senior District Judge . THIS CAUSE comes for consideration on Plaintiff Kenneth D. Burr, Jr.'s appeal from a final decision of the Commissioner of the Social Security Administration (the "Commissioner") denying Plaintiff's application for Disability Insurance Benefits ("DIB") after proceedings before an Administrative Law Judge ("ALJ"). 1 On February 22, 2019, the Commissioner filed a Motion for Partial Judgment on the Pleadings (the "Motion") (Doc. 23) pursuant to ..
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ORDER
G. KENDALL SHARP, Senior District Judge.
THIS CAUSE comes for consideration on Plaintiff Kenneth D. Burr, Jr.'s appeal from a final decision of the Commissioner of the Social Security Administration (the "Commissioner") denying Plaintiff's application for Disability Insurance Benefits ("DIB") after proceedings before an Administrative Law Judge ("ALJ").1 On February 22, 2019, the Commissioner filed a Motion for Partial Judgment on the Pleadings (the "Motion") (Doc. 23) pursuant to Rule 12(c) of the Federal Rules of Civil Procedure (Id. at 1), to which Plaintiff responded in opposition (Doc. 25). Thereafter, on April 1, 2019, the United States Magistrate Judge entered an order converting the Motion to a motion for partial summary judgment (Doc. 26). On May 17, 2019, the United States Magistrate Judge issued a report and recommendation (the "Report and Recommendation") (Doc. 29) recommending that the Motion be granted after finding, "the Appointments Clause is subject to forfeiture if not raised before the ALJ, and Plaintiff has not provided a sufficient rationale for disregarding the general rule here." (Id. at 7-8). Plaintiff timely filed objections (Doc. 30) to the Report and Recommendation, to which the Commissioner filed a response (Doc. 31).
The ALJ's findings are supported by substantial evidence, and the ALJ applied the proper legal analysis to the claims set forth in the Motion. After de novo review of Plaintiff's objections to the Report and Recommendation (Doc. 29), it is hereby ORDERED and ADJUDGED as follows:
1. United States Magistrate Judge Philip R. Lammens's Report and Recommendation (Doc. 29) is APPROVED and ADOPTED and is made part of this Order for all purposes, including appellate review.
2. Defendant Commissioner of Social Security's Motion for Partial Judgment on the Pleadings (Doc. 23) is GRANTED.
3. Partial summary judgment is awarded in favor of Defendant Commissioner of Social Security and against Plaintiff Kenneth D. Burr, Jr. on the Appointments Clause claims set forth in Plaintiff's Complaint (Doc. 1). The Clerk of Court is directed to ENTER JUDGMENT accordingly.
DONE and ORDERED.
