Opinion
Case No.: 19-25041-CIV-GAYLES/OTAZO-REYES
01-11-2021
ALBERTO HERDANDEZ, Plaintiff, v. ANDREW SAUL, Commissioner for Social Security Administration, Defendant.
ORDER AFFIRMING AND ADOPTING REPORT OF MAGISTRATE JUDGE
THIS CAUSE comes before the Court on Magistrate Judge Alicia M. Otazo-Reyes' Report and Recommendation [ECF No. 26] ("Report"). On December 6, 2019, Plaintiff filed his Complaint seeking judicial review of the final decision of the Commissioner of Social Security (the "Commissioner") denying Plaintiff's application for supplemental security income. [ECF No. 1]. The matter was referred to Judge Otazo-Reyes pursuant to 28 U.S.C. § 636(b)(1)(B) for a ruling on all pretrial, non-dispositive motions and for a Report and Recommendation on any dispositive motions. [ECF No. 2]. On December 22, 2020, Judge Otazo-Reyes issued her Report recommending that Plaintiff's Motion for Summary Judgment [ECF No. 17] be denied, the Commissioner's Motion for Summary Judgment [ECF No. 22] be granted, and that the Commissioner's decision be affirmed. Neither party has timely objected to the Report.
A district court may accept, reject, or modify a magistrate judge's report and recommendation. 28 U.S.C. § 636(b)(1). Those portions of the report and recommendation to which objection is made are accorded de novo review, if those objections "pinpoint the specific findings that the party disagrees with." United States v. Schultz, 565 F.3d 1353, 1360 (11th Cir. 2009); see also Fed. R. Civ. P. 72(b)(3). Any portions of the report and recommendation to which no specific objection is made are reviewed only for clear error. Liberty Am. Ins. Grp., Inc. v. WestPoint Underwriters, L.L.C., 199 F. Supp. 2d 1271, 1276 (M.D. Fla. 2001); accord Macort v. Prem, Inc., 208 F. App'x 781, 784 (11th Cir. 2006).
The Court finds no clear error with Judge Otazo-Reyes' well-reasoned analysis and agrees that the Commissioner's decision should be affirmed.
Accordingly, it is
ORDERED AND ADJUDGED as follows:
(1) Judge Otazo-Reyes' Report and Recommendation [ECF No. 26] is AFFIRMED AND ADOPTED and incorporated into this Order by reference.
(2) Plaintiff's Motion for Summary Judgment [ECF No. 17] is DENIED.
(3) The Commissioner's Motion for Summary Judgment [ECF No. 22] is GRANTED.
(4) The Commissioner's decision is AFFIRMED.
(5) This action is CLOSED for administrative purposes.
DONE AND ORDERED in Chambers at Miami, Florida, this 11th day of January, 2021.
/s/_________
DARRIN P. GAYLES
UNITED STATES DISTRICT JUDGE