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DANIELS v. COLVIN, 13-23412-CIV-GAYLES/TURNOFF. (2014)

Court: District Court, N.D. Florida Number: infdco20141003921 Visitors: 14
Filed: Sep. 30, 2014
Latest Update: Sep. 30, 2014
Summary: ORDER DARRIN P. GAYLES, District Judge. THIS CAUSE came before the Court on the Report and Recommendation ("Report") [ECF No. 26] of Magistrate Judge Patrick Hunt, filed on August 7, 2014. On September 20, 2013, Plaintiff, Sharon Daniels on behalf of her minor child A.J. ("Plaintiff"), filed a complaint seeking review of a decision denying his application for Supplemental Security Income under the Social Security Act. ( See Compl. [ECF No. 1]). The Court referred the Complaint to Magistrate
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ORDER

DARRIN P. GAYLES, District Judge.

THIS CAUSE came before the Court on the Report and Recommendation ("Report") [ECF No. 26] of Magistrate Judge Patrick Hunt, filed on August 7, 2014. On September 20, 2013, Plaintiff, Sharon Daniels on behalf of her minor child A.J. ("Plaintiff"), filed a complaint seeking review of a decision denying his application for Supplemental Security Income under the Social Security Act. (See Compl. [ECF No. 1]). The Court referred the Complaint to Magistrate Judge Hunt. Plaintiff subsequently filed a Motion for Summary Judgment, seeking remand of his case to the Commissioner. (See Pl.'s Mot. [ECF No. 20]). Defendant, Carolyn Colvin ("Defendant"), also moved for summary judgment, asking the Court to affirm the decision of the Commissioner of Social Security. (See Def.'s Mot. [ECF No. 22]).

In his Report, Judge Hunt recommends that Plaintiff's Motion be denied and summary judgment be granted to Defendant. Plaintiff timely filed objections to the Report. The Court has carefully reviewed the Report, Plaintiff's objections, the parties' written submissions and applicable law, and has conducted a de novo review of the record.

Judge Hunt carefully considered each of the issues raised by Plaintiff to contest the decision of the Administrative Law Judge ("ALJ"). Correctly identifying and applying the appropriate standard of law to evaluate the factual findings of the ALJ, Judge Hunt concluded that the record contains substantial evidence to support the ALJ's decision.

Plaintiff contends the ALJ erred in discounting Dr. Bradford's opinion.1 The Court disagrees. Despite Dr. Bradford's findings, there was substantial evidence to establish that Plaintiff had improved since he began treatment and did not have marked limitations in the six functional equivalence domains. For these reasons, the undersigned fully agrees with the analysis and recommendations stated in Judge Hunt's report. Accordingly, it is

ORDERED AND ADJUDGED that

1. The Report and Recommendation [ECF No. 26] is AFFIRMED AND ADOPTED. 2. Plaintiff's Motion for Summary Judgment [ECF No. 22] is DENIED. 3. Defendant's Motion for Summary Judgment [ECF No. 23] is GRANTED. 4. The ruling of the Commissioner is AFFIRMED. 5. The CLERK is directed to CLOSE this case.

DONE AND ORDERED.

FootNotes


1. The Court notes that many of Plaintiff's objections to the ALJ's findings and conclusions constitute inappropriate personal attacks on the ALJ. Plaintiff's counsel is hereby reminded that zealous advocacy must always be tempered with appropriate decorum. Subsequent violations may result in sanctions.
Source:  Leagle

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