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finding that the ALJ did not "reversibly err" by failing to assign weight to the diagnoses of several physicians since the record was bereft of medical opinions that the diagnosed impairments caused functional limitations
Summary of this case from Amos v. Comm'r of Soc. Sec.Opinion
Case No. 8:12-cv-1592-T-33EAJ
08-20-2013
SHANE RODRIGUEZ, Plaintiff, v. CAROLYN W. COLVIN, Commissioner of Social Security, Defendant.
ORDER
This matter is before the Court on consideration of United States Magistrate Judge Elizabeth A. Jenkins' Report and Recommendation (Doc. # 19), filed on August 2, 2013, recommending that the decision of the Commissioner denying benefits be affirmed. As of this date, there are no objections to the Report and Recommendation, and the time for the parties to file such objections has elapsed.
After conducting a careful and complete review of the findings and recommendations, a district judge may accept, reject or modify the magistrate judge's report and recommendation. 28 U.S.C. § 636(b)(1); Williams v. Wainwright, 681 F.2d 732 (11th Cir. 1982), cert. denied, 459 U.S. 1112 (1983).
In the absence of specific objections, there is no requirement that a district judge review factual findings de novo, Garvey v. Vaughn, 993 F.2d 776, 779 n.9 (11th Cir. 1993), and the court may accept, reject or modify, in whole or in part, the findings and recommendations. 28 U.S.C. § 636(b)(1)(C). The district judge reviews legal conclusions de novo, even in the absence of an objection. See Cooper-Houston v. S. Ry. Co., 37 F.3d 603, 604 (11th Cir. 1994); Castro Bobadilla v. Reno, 826 F. Supp. 1428, 1431-32 (S.D. Fla. 1993), aff'd, 28 F.3d 116 (11th Cir. 1994).
Accordingly, it is now
ORDERED, ADJUDGED, and DECREED: (1) The Report and Recommendation of United States Magistrate Judge Elizabeth A. Jenkins (Doc. # 19) is ACCEPTED and ADOPTED. (2) The decision of the Commissioner of Social Security denying benefits is AFFIRMED. (3) The Clerk is directed to close this case and to enter judgment in favor of the Commissioner reflecting that the Commissioner's decision denying benefits is affirmed.
DONE and ORDERED in Chambers, in Tampa, Florida, this 20th day of August, 2013.
________
VIRGINIA M. HERNANDEZ COVINGTON
UNITED STATES DISTRICT JUDGE
Copies to: All Counsel and Parties of Record