Opinion
CASE NO: 8:10-cv-675-T-26TBM.
September 1, 2011
ORDER
Pending before the Court is the Report and Recommendation of United States Magistrate Judge Thomas B. McCoun, III, in which he recommends affirming Defendant's denial of J.D.'s claim to continued Supplemental Security Income payments. Plaintiff has filed objections and, at the Court's direction, Defendant filed a response.
See docket 13.
See docket 14.
See docket 15.
See docket 16.
In light of Plaintiff's specific objections which focus on evidence of medical equivalence supporting the continuation of benefits, the failure of the Administrative Law Judge to develop the record, and evidence of functional equivalence requiring remand and reversal with an immediate award of benefits, the court has undertaken a de novo review of the record as it relates to those three objections. See Macort v. Prem, Inc., 208 Fed.Appx. 781, 784 (11th Cir. 2006) (unpublished) (stating that "[w]here a proper, specific objection to the magistrate's report is made, it is clear that the district court must conduct a de novo review of that issue.") (citation omitted). This review consisted of an independent analysis of the factual issues raised by Plaintiff. Id. After engaging in the mandated de novo review and determination of those portions of the report to which Plaintiff objected, the Court concludes that the findings and recommendations of Judge McCoun are due to be adopted and Plaintiff's objections overruled.
ACCORDINGLY, it is ORDERED AND ADJUDGED as follows:
1) The Report and Recommendation of Judge McCoun (Dkt. 13) is adopted, confirmed, and approved in all respects and made a part of this order for all purposes, including appellate review.
2) The Defendant's decision denying J.D.'s claim to continued Supplemental Security Income is affirmed.
3) The clerk is directed to enter judgment for Defendant and to CLOSE this case. DONE AND ORDERED at Tampa, Florida.