Opinion
Case No. 17-cv-13039
07-18-2018
KATHY L TORRES, Plaintiff, v. SOCIAL SECURITY, COMMISSIONER OF, Defendant.
Magistrate Judge Mona K. Majzoub ORDER ADOPTING REPORT AND RECOMMENDATION, GRANTING COMMISSIONER'S MOTION FOR SUMMARY JUDGMENT, DENYING PLAINTIFF'S MOTION TO REMAND, AND AFFIRMING THE FINDINGS OF THE COMMISSIONER
Plaintiff Kathy Torres filed an application for disability insurance benefits under the Social Security Act on March 4, 2014. Her application was denied, and so Torres requested an administrative hearing. The hearing before the Administrative Law Judge occurred on March 24, 2016, and the ALJ found that Torres was not disabled. She appealed to the Appeals Counsel, which denied review. On September 15, 2017, Torres filed a complaint seeking judicial review of the denial of benefits. ECF No. 1.
The case was referred to Magistrate Judge Mona K. Majzoub. ECF No. 2. Torres subsequently filed a motion to remand, and the Commissioner filed a motion for summary judgment. ECF No. 13, 18. On April 24, 2018, Judge Majzoub filed a report recommending that Plaintiff's motion to remand be denied, the Commissioner's motion for summary judgment be granted, and the case be dismissed. ECF No. 20. Judge Majzoub found that the record contained substantial evidence to support the ALJ's finding that Torres had the capacity to perform frequent fingering and handling. She further found that the ALJ properly disregarded Torres's testimony regarding the side effects of her medication.
Although the Magistrate Judge's report explicitly stated that the parties to this action may object to and seek review of the recommendation within fourteen days of service of the report, neither Plaintiff nor Defendant filed any objections. The election not to file objections to the Magistrate Judge's report releases the Court from its duty to independently review the record. Thomas v. Arn, 474 U.S. 140, 149 (1985). The failure to file objections to the report and recommendation waives any further right to appeal.
Accordingly, it is ORDERED that the Magistrate Judge's report and recommendation, ECF No. 20, is ADOPTED.
It is further ORDERED that Defendant Commissioner's motion for summary judgment, ECF No. 18, is GRANTED.
It is further ORDERED that Plaintiff Alexander's motion to remand, ECF No. 13, is DENIED.
It is further ORDERED that the Commissioner of Social Security's decision is AFFIRMED.
Dated: July 18, 2018
s/Thomas L. Ludington
THOMAS L. LUDINGTON
United States District Judge
PROOF OF SERVICE
The undersigned certifies that a copy of the foregoing order was served
upon each attorney or party of record herein by electronic means or first
class U.S. mail on July 18, 2018.
s/Kelly Winslow
KELLY WINSLOW, Case Manager