Wilson v. Comm'r of Soc. Sec.

Full title: JEFFREY TODD WILSON, Plaintiff, v. COMMISSIONER OF SOCIAL SECURITY…

Court: UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA ORLANDO DIVISION

Date published: Sep 18, 2015

Case No. 6:14-cv-1227-Orl-37KRS (M.D. Fla. Sep. 18, 2015)

Opinion

Case No. 6:14-cv-1227-Orl-37KRS

09-18-2015

JEFFREY TODD WILSON, Plaintiff, v. COMMISSIONER OF SOCIAL SECURITY, Defendant.

ROY B. DALTON JR. United States District Judge

ORDER

This cause is before the Court on the following:

1. U.S. Magistrate Judge Karla R. Spaulding's Report and Recommendation (Doc. 16), filed July 10, 2015; and

2. Plaintiff's Objections to Report and Recommendation Dated July 10, 2015 (Doc. 17), filed July 21, 2015.

In this Social Security case, U.S. Magistrate Judge Karla R. Spaulding recommends that the Court affirm the final decision of the Commissioner because: (1) any error the ALJ made in the treatment of the physician's functional capacity assessments was harmless; and (2) the ALJ properly applied the pain standard. (Doc. 16 ("R&R").) Plaintiff objects to the R&R. (Doc. 17.)

When a party objects to a magistrate judge's findings, the district court must "make a de novo determination of those portions of the report . . . to which objection is made." 28 U.S.C. § 636(b)(1). The district court "may accept, reject, or modify, in whole or in part, the findings or recommendations made by the magistrate judge." Id. The district court must consider the record and factual issues based on the record independent of the magistrate judge's report. Ernest S. ex rel. Jeffrey S. v. State Bd. of Educ., 896 F.2d 507, 513 (11th Cir. 1990).

Having conducted an independent, de novo review of the entire record in light of Plaintiff's objections, the Court agrees with Magistrate Judge Spaulding's comprehensive, well-reasoned R&R (Doc. 16). Thus, the R&R is due to be adopted and the Commissioner's decision is due to be affirmed.

CONCLUSION

Accordingly, it is hereby ORDERED AND ADJUDGED:

1. Plaintiff's Objections to Report and Recommendation Dated July 10, 2015 (Doc. 17) are OVERRULED.

2. U.S. Magistrate Judge Karla R Spaulding's Report and Recommendation (Doc. 16) is ADOPTED AND CONFIRMED and made a part of this Order.

3. The decision of the Commissioner is AFFIRMED.

4. The Clerk is DIRECTED to enter judgment in favor of Defendant and against Plaintiff and to close this case.

DONE AND ORDERED in Chambers in Orlando, Florida, on September 18, 2015.

/s/_________

ROY B. DALTON JR.

United States District Judge
Copies: Counsel of Record