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Eutsay v. Comm'r of Soc. Sec. Admin.

United States District Court, Southern District of Florida
May 20, 2022
21-cv-21164-BLOOM/Otazo-Reyes (S.D. Fla. May. 20, 2022)

Opinion

21-cv-21164-BLOOM/Otazo-Reyes

05-20-2022

CORA D. EUTSAY, Plaintiff, v. COMMISSIONER OF THE SOCIAL SECURITY ADMINISTRATION, Defendant.


ORDER ADOPTING MAGISTRATE JUDGE'S REPORT AND RECOMMENDATIONS

BETH BLOOM, UNITED STATES DISTRICT JUDGE

THIS CAUSE is before the Court upon Plaintiff Cora D. Eutsay's (“Claimaint”) Motion for Summary Judgment and Brief in Support of Motion for Summary Judgment (“Claimaint's Motion”), ECF No. [20], and Defendant Kilolo Kijakazi's (“Commissioner”) Motion for Summary Judgment with Supporting Memorandum of Law and Opposition to Plaintiff's Motion for Summary Judgment (“Commissioner's Motion), ECF No. [23]. (“Motions”). The Motions were previously referred to the Honorable Alicia M. Otazo-Reyes for a Report and Recommendations (“R&R”). See ECF No. [18]. On May 4, 2022, the Magistrate Judge issued a R&R recommending that Claimant's Motion be denied, Commissioner's Motion be granted, and the Commissioner's decision be affirmed. ECF No. [25]. The R&R advised the parties to file any objections within fourteen days of the date of service of a copy of the R&R. Id. To date, the parties have not filed objections, nor have the parties sought additional time in which to do so.

Claimant's Reply Brief is at ECF No. [24].

Nevertheless, the Court has conducted a de novo review of the R&R and the record in this case and is otherwise fully advised. See Williams v. McNeil, 557 F.3d 1287, 1291 (11th Cir. 2009) (citing 28 U.S.C. § 636(b)(1)). Upon review, the Court finds the R&R to be well reasoned and correct. The Court therefore agrees with the analysis in the R&R and concludes that the Claimant's Motion must be DENIED and Commissioner's Motion must be GRANTED for the reasons set forth therein.

Accordingly, it is ORDERED and ADJUDGED as follows:

1. The R&R, ECF No. [25], is ADOPTED.
2. Claimant's Motion, ECF No. [20], is DENIED.
3. Commissioner's Motion, ECF No. [23], is GRANTED and the Administrative Law Judge's decision is AFFIRMED.
4. The Clerk shall CLOSE the case.

DONE AND ORDERED.


Summaries of

Eutsay v. Comm'r of Soc. Sec. Admin.

United States District Court, Southern District of Florida
May 20, 2022
21-cv-21164-BLOOM/Otazo-Reyes (S.D. Fla. May. 20, 2022)
Case details for

Eutsay v. Comm'r of Soc. Sec. Admin.

Case Details

Full title:CORA D. EUTSAY, Plaintiff, v. COMMISSIONER OF THE SOCIAL SECURITY…

Court:United States District Court, Southern District of Florida

Date published: May 20, 2022

Citations

21-cv-21164-BLOOM/Otazo-Reyes (S.D. Fla. May. 20, 2022)

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