Reategui v. Commissioner of Social Security
Reategui v. Commissioner of Social Security
Trial Court Opinion
UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA ORLANDO DIVISION
FIORELLA REATEGUI,
Plaintiff,
v. Case No. 6:19-cv-1371-Orl-37DCI
COMMISSIONER OF SOCIAL SECURITY,
Defendant.
ORDER In this social security appeal, Plaintiff seeks review of the Commissioner of Social Security’s (“Commissioner”) decision to deny her disability benefits and supplemental income payments. (Doc. 1.) Plaintiff argues the Administrative Law Judge (“ALJ”) erred by failing to apply the correct legal standards at step three of the sequential evaluation process and making findings not supported by substantial evidence. (Doc. 15, pp. 12–15.) On referral, U.S. Magistrate Judge Daniel C. Irick recommends affirming the Commissioner’s decision, finding the ALJ explicitly stated that she considered and rejected a listing and stated her reasons for that rejection, the record supported the contention that the ALJ implicitly found that Plaintiff did not meet the listing, and substantial evidence supports her decision. (Doc. 16 (“R&R”).) No party objected to the R&R, and the time for doing so has passed. Absent objection, the Court has examined the R&R only for clear error. See Wiand v. Wells Fargo -1- Bank, N.A., No. 8:12-cv-557-T-27EAJ,
2016 WL 355490, at *1 (M.D. Fla. Jan. 28, 2016); see also Macort v. Prem, Inc.,
208 F. App’x 781, 784(11th Cir. 2006). Finding no such error, the Court adopts the R&R in its entirety. Itis ORDERED AND ADJUDGED: 1. U.S. Magistrate Judge Daniel C. Irick’s Report and Recommendations (Doc. 16) is ADOPTED, CONFIRMED, and made a part of this Order. 2. The Commissioner’s final decision is AFFIRMED. 3. The Clerk is DIRECTED to enter judgment in favor of Defendant Commissioner of Social Security and against Plaintiff Fiorella Reategui and to close this case. DONE AND ORDERED in Chambers in Orlando, Florida, on June 4, 2020.
Yj, ROY B. DALTON JR: United States District Judge
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Reference
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