Opinion
CIVIL ACTION 3:20-CV-94-DPJ-FKB
08-19-2021
ORDER
DANIEL P. JORDAN, III CHIEF UNITED STATES DISTRICT JUDGE
Plaintiff Sharron Denise Rockingham seeks review pursuant to 42 U.S.C. § 405(g) of a final decision by the Social Security Administration denying her claim for supplemental security income payments. The matter is now before the Court on the Report and Recommendation [17] of United States Magistrate Judge F. Keith Ball on the Commissioner’s motion to affirm [15].
The Administrative Law Judge (ALJ) assigned to Rockingham’s case found that Rockingham was not disabled, and the Appeals Council denied review. R&R [17] at 1. Judge Ball determined that the ALJ applied the appropriate legal standard and examined the totality of the record. Id. at 8-9. While that record reflects conflicting evidence, it is ultimately the Commission’s province to weigh the evidence. Chambliss v. Massanari, 269 F.3d 520, 523 (5th Cir. 2001). Its decision will not be overturned so long as it is supported by “substantial evidence.” 42 U.S.C. § 405(g). Judge Ball found such support here. R&R [17] at 8-9.
Rockingham filed no objections to the Report and Recommendation, and the time to do so has now passed. The Court, having fully reviewed the unopposed Report and Recommendation [17], finds that it should be adopted as the opinion of this Court.
Rockingham also did not file a response to the Commissioner’s motion to affirm.
IT IS, THEREFORE, ORDERED that the Report and Recommendation [17] of United States Magistrate Judge F. Keith Ball be adopted as the finding of the Court. The Commissioner’s motion to affirm [15] is granted. A separate judgment will be entered in accordance with Federal Rule of Civil Procedure 58.
SO ORDERED AND ADJUDGED.