Carl v. Commissioner of Social Security
Carl v. Commissioner of Social Security
Trial Court Opinion
UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA ORLANDO DIVISION
VALERIE ANN CARL,
Plaintiff,
v. Case No. 6:19-cv-1027-Orl-37EJK
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. (Doc. 1.) Plaintiff argues the Administrate Law Judge (“ALJ”) erred by posing a hypothetical question to the vocational expert that did not adequately reflect Plaintiff’s limitations. (Doc. 27, pp. 9–11.) On referral, U.S. Magistrate Judge Embry J. Kidd recommends affirming the Commissioner’s decision, finding the ALJ’s hypothetical question included all Plaintiff’s limitations, even adding a limitation not in the residual functional capacity determination (working in Plaintiff’s favor) and if the ALJ did err, it was harmless. (Doc. 28 (“R&R”).) No party objected to the R&R, and the time for doing so has now passed. Absent objections, the Court has examined the R&R only for clear error. See Wiand v. Wells Fargo 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. It is ORDERED AND ADJUDGED:
1. U.S. Magistrate Judge Embry J. Kidd’s Report and Recommendation (Doc. 28) 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 Valerie Ann Carl and to close this case. DONE AND ORDERED in Chambers in Orlando, Florida, on August 3, 2020.
4 vf | f bare) | Miah “ROY B. DALTON JR’ United States District Judge
Copies to: Counsel of Record
Reference
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