WILLIAM H. BARBOUR, Jr., District Judge.
This cause is before the Court on the Report and Recommendation ("R and R") of United States Magistrate Judge John C. Gargiulo. In his R and R, Judge Gargiulo recommends that the decision of the Commission of Social Security to deny Shameka L. Smith's applications for Supplemental Security Income and Disability Insurance Benefits be affirmed. After considering the R and R
In December of 2009, Shameka L. Smith ("Smith") filed applications for Supplemental Security Income ("SSI") and Disability Insurance Benefits ("DIB"). Following the initial denial of both applications, Smith requested an administrative hearing. The hearing was conducted by Administrative Law Judge Mary Ellis Richardson who, on May 25, 2012, entered a decision denying Smith's SSI and DIB claims. The Appeals Counsel granted Smith's request for review. On December 17, 2014, the Appeals Counsel affirmed ALJ Richardson's decision thereby rendering it the final decision in the matter.
Thereafter, Smith filed a Complaint in this Court seeking judicial review of the final decision of the Social Security Commissioner. In her brief, Smith assigned the following errors: (1) the ALJ erred in evaluating the credibility of Smith's testimony; (2) the ALJ erred in evaluating Smith's obesity; (3) the ALJ bolstered her opinion by using purely boilerplate language; (4) the ALJ erred in finding Smith could return to her past work; and (5) the ALJ erred by not according proper weight to evidence submitted by Smith's mother. The matter came before United States Magistrate Judge John C. Gargiulo who, after considering the pleadings including Smith's assignments of error, the administrative record, and relevant authorities, found there was substantial evidence to support the ALJ's credibility determinations as well as her decisions regarding whether Smith could return to work and the weight to be afforded the testimony of Smith's relatives.
A district judge has authority to review a magistrate judge's report and recommendation on disposive motions, and is required to make a de novo determination of any portion of a report and recommendation to which a specific written objection is made.
Having reviewed the R and R, to which no objections were raised, the Court agrees that Defendant's Motion to Affirm Commissioner's Decision should be granted for the reasons stated by Judge Gargiulo. Accordingly, the Court will adopt Judge Gargiulo's R and R recommending the granting of Motion to Affirm Commissioner's Decision. As the granting of the Motion to Affirm Commissioner's Decision will end judicial review in this Court, a final judgment dismissing this case will be entered.
For the foregoing reasons:
IT IS THEREFORE ORDERED that the July 29, 2016, Report and Recommendation of United States Magistrate Judge John C. Gargiulo [Docket No. 18], is hereby adopted as the ruling of this Court.
IT IS FURTHER ORDERED that Defendant's Motion to Affirm Commissioner's Decision [Docket No. 16] is hereby granted. A Final Judgment dismissing this case shall be entered this day.
SO ORDERED.