Elawyers Elawyers
Washington| Change

Marcisz v. Commissioner of Social Security, 6:18-cv-2088-Orl-37LRH. (2019)

Court: District Court, M.D. Florida Number: infdco20191217c40 Visitors: 1
Filed: Dec. 13, 2019
Latest Update: Dec. 13, 2019
Summary: ORDER ROY B. DALTON, JR. , District Judge . In this social security appeal, Plaintiff seeks review of the Commissioner of Social Security's (" Commissioner ") decision to deny her disability benefits. (Doc. 1.) Plaintiff argues the Administrate Law Judge (" ALJ ") erred by: (1) failing to assign significant weight to portions of Plaintiff's treating physician's opinion; (2) failing to include all Plaintiff's functional limitations in hypothetical questions posed to the vocational expert; a
More

ORDER

In this social security appeal, Plaintiff seeks review of the Commissioner of Social Security's ("Commissioner") decision to deny her disability benefits. (Doc. 1.) Plaintiff argues the Administrate Law Judge ("ALJ") erred by: (1) failing to assign significant weight to portions of Plaintiff's treating physician's opinion; (2) failing to include all Plaintiff's functional limitations in hypothetical questions posed to the vocational expert; and (3) failing to offer specific reasons for credibility determinations. (Doc. 22, pp. 11-16, 21-26, 28-30.) On referral, United States Magistrate Judge Leslie R. Hoffman recommends affirming the Commissioner's decision because the ALJ applied the correct legal standard and the decision was supported by substantial evidence. (Doc. 23 ("R&R").)

No party objected 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 clear error, the Court concludes the R&R is due to be adopted in its entirety.

Accordingly, it is ORDERED AND ADJUDGED as follows:

1. U.S. Magistrate Judge Leslie R. Hoffman's Report and Recommendation (Doc. 23) 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 Defendant Commissioner of Social Security and against Plaintiff Michelle Maureen Marcisz 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