Opinion
21-21787-CIV-MORE/GOODMAN
10-03-2022
LOURDES RODRIGUEZ, Plaintiff, v. COMMISSIONER OF THE SOCIAL SECURITY ADMINISTRATION, Defendant.
ORDER ADOPTING MAGISTRATE JUDGE GOODMAN'S REPORT AND RECOMMENDATIONS
FEDERICO A. MORENO, UNITED STATES DISTRICT JUDGE
THE MATTER was referred to the Honorable Jonathan Goodman, United States Magistrate Judge, for a Report and Recommendation on Plaintiffs Motion for Summary Judgment and the Commissioner's Motion for Summary Judgment, filed on December 20, 2021 and February 18, 2022. The Magistrate Judge filed a Report and Recommendation (D.E. 24) on August 19, 2022. The Court has reviewed the entire file and record. The Court has made a de novo review of the issues that the objections to the Magistrate Judge's Report and Recommendation present, and being otherwise fully advised in the premises, it is ADJUDGED that United States Magistrate Judge Jonathan Goodman's Report and Recommendation is AFFIRMED and ADOPTED.
Although Plaintiff argues that this case should be remanded for a de novo hearing before a new Administrative Law Judge due to the unconstitutionality of the Social Security Administration's structure, Plaintiff fails to make any showing that the Social Security Administration's alleged unconstitutional structure caused Plaintiff compensable harm. Therefore, Plaintiff is not entitled to relief on this ground.
Additionally, while Plaintiff contends that the inaudible portions of the hearing transcript precluded meaningful judicial review and prejudiced her due process rights, many of the inaudible portions of the administrative hearing transcript were clarified by surrounding testimony or by the Administrative Law Judge repeating the statement. And some of the inaudible portions relate to purely administrative matters. Thus, notwithstanding the gaps in the hearing transcript, the Court agrees that the record is not so incomplete as to prevent meaningful judicial review.
Accordingly, it is ADJUDGED that Plaintiffs Motion for Summary Judgment is DENIED, and the Commissioner's Motion for Summary Judgment is GRANTED, DONE AND ORDERED in Chambers at Miami, Florida, this of 3rd October 2022.