Moffett v. Apfel

Full title: WILLIAM 0. MOFFETT, Plaintiff, v. KENNETH S. APFEL, Commissioner of Social…

Court: United States District Court, S.D. Alabama, Southern Division

Date published: Sep 1, 2000

No. 99-0915-P-S (S.D. Ala. Sep. 1, 2000)

Opinion

No. 99-0915-P-S

September 1, 2000

JUDGMENT

Virgil Pittman, Senior United States District Judge.

In accordance with the Order entered this date, it is ORDERED, ADJUDGED and DECREED that the decision of the Commissioner of Social Security denying plaintiff benefits is hereby AFFIRMED and that this action is DISMISSED.

ORDER ADOPTING THE REPORT AND RECOMMENDATION OF THE MAGISTRATE JUDGE

Virgil Pittman, Senior United States District Judge.

Presently pending before this court is Plaintiff's Statement of Objection to Magistrate Judge's Report and Recommendation (doc. 13), with defendant's Response thereto (doc. 14). On April 26, 2000, the Magistrate Judge recommended, under 28 U.S.C. § 636(b)(1)(B), that the decision of the Commissioner to deny plaintiff's claim for disability insurance benefits and supplemental security income be affirmed (doc. 12).

After due and proper consideration of all portions of this file deemed relevant to the issues raised, and a de nova determination of those portions of the Report and Recommendation to which objection is made, the Report and Recommendation of the Magistrate Judge is adopted as the opinion of this court.

The issues plaintiff raises in his objections are the same as those raised in the complaint which were thoroughly addressed by the Magistrate Judge in the Report and Recommendation. As noted by the Magistrate Judge, this court "may not decide the facts anew, reweigh the evidence, or substitute [its] judgment for that of the Secretary." Bloodsworth v. Heckler, 703 F.2d 1233, 1239 (11th Cir. 1983). "Even if [the court] finds that the evidence preponderates against the Secretary's decision, [the court] must affirm if the decision is supported by substantial evidence."Id. This court agrees with the Magistrate Judge's finding that the decision of the Secretary is supported by substantial evidence.

Accordingly, after due and proper consideration of all pleadings in this file, and a de novo determination of those portions of the Report and Recommendation to which objection is made, it is ORDERED that the Report and Recommendation of the Magistrate Judge is hereby ADOPTED as the opinion of this court, that the decision of the Commissioner be AFFIRMED, and that this action be DISMISSED.

DONE the 1st day of September, 2000.