Elawyers Elawyers
Ohio| Change

Cooper v. Commissioner of Social Security, 6:18-cv-1352-Orl-37LRH. (2019)

Court: District Court, M.D. Florida Number: infdco20190716a73 Visitors: 9
Filed: Jul. 15, 2019
Latest Update: Jul. 15, 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. (Doc. 1.) Plaintiff contends that the administrative law judge (" ALJ ") erred when: (1) determining she did not have an impairment or combination of impairments equal in severity to a listed impairment; and (2) finding that her past work as a cleaner qualified as past relevant work. ( See Doc. 17, pp. 7-9, 11-13
More

ORDER

In this social security appeal, Plaintiff seeks review of the Commissioner's decision to deny her social security disability benefits. (Doc. 1.) Plaintiff contends that the administrative law judge ("ALJ") erred when: (1) determining she did not have an impairment or combination of impairments equal in severity to a listed impairment; and (2) finding that her past work as a cleaner qualified as past relevant work. (See Doc. 17, pp. 7-9, 11-13.) On referral, U.S. Magistrate Judge Leslie R. Hoffman recommends the Court affirm the Commissioner's decision. (Doc. 18 ("R&R").)

In the R&R, Magistrate Judge Hoffman concludes that the evidence Plaintiff relies on is insufficient to satisfy the criteria for an impairment. (Id. at 4-10.) And Magistrate Judge Hoffman found substantial evidence supports the ALJ's conclusion that Plaintiff's prior work as a cleaner constituted past relevant work. (Id. at 10-15.) So she recommends rejecting Plaintiff's assignments of error and affirming the Commissioner's final decision. (Id. at 9.)

The parties did not object to the R&R, and the time for doing so has now passed. As such, 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 adopts the R&R in its entirety.

Accordingly, it is ORDERED AND ADJUDGED as follows:

1. U.S. Magistrate Judge Leslie R. Hoffman's Report and Recommendation (Doc. 18) is ADOPTED, CONFIRMED, and made a part of this Order. 2. The Commissioner's decision is AFFIRMED. 3. The Clerk is DIRECTED to enter judgment in favor of Defendant Commissioner of Social Security and against Plaintiff Janice Proctor Cooper. 4. The Clerk is DIRECTED to close the file.
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