Lugo v. Commissioner of Social Security

United States District Court for the Southern District of Florida

Lugo v. Commissioner of Social Security

Trial Court Opinion

SOUTHERN DISTR ICT OF FLORIDA CASE NO. 21-60040-CIV-SMITH

MARINES LUGO,

Plaintiff, v.

MARTIN O’MALLEY, Commissioner of the Social Security Administration,

Defendant. /

ORDER AFFIRMING AND ADOPTING REPORT OF MAGISTRATE JUDGE

This matter is before the Court upon the Report and Recommendation (the “Report”) [DE 28] of the Honorable Alicia O. Valle, U.S. Magistrate Judge, on Plaintiff’s Motion for Summary Judgment [DE 24] and Defendant’s Response [DE 26] and Defendant’s Cross-Motion for Summary Judgment [DE 25]. In her thorough and well-reasoned Report, Judge Valle recommends that: the Plaintiff’s Motion for Summary Judgment be denied, Defendant’s Motion for Summary Judgment be granted, and the Administrative Law Judge’s Decision be affirmed. Plaintiff filed objections to the Report [DE 29], essentially repeating her initial arguments to the Magistrate Judge. Defendant filed a response to the objections [DE 30]. A district court may accept, reject, or modify a magistrate judge’s report and recommendation.

28 U.S.C. § 636

(b)(1). Those portions of the report and recommendation to which objections are made are accorded de novo review, if those objections “pinpoint the specific findings that the party disagrees with.” United States v. Schultz,

565 F.3d 1353, 1360

(11th Cir. 2009); see also Fed. R. Civ. P. 72(b)(3). Any portions of the report and recommendation to which no specific objection is made are reviewed only for clear error. Liberty Am. Ins. Grp., Inc. v. WestPoint Underwriters, L.L.C.,

199 F. Supp. 2d 1271, 1276

(M.D. Fla. 2001); accord Macort v. Prem, Inc.,

208 F. App’x 781, 784

(11th Cir. 2006). The Court, having considered Judge Valle’s Report, Plaintiff's objections thereto, and having conducted a de novo review of the record, agrees with Judge Valle’s well-reasoned analysis and her recommendations. Accordingly, it is ORDERED that: 1) The Report and Recommendation [DE 28] is AFFIRMED and ADOPTED and incorporated by reference into this Court’s Order. 2) Defendant Martin O’Malley, Commissioner of the Social Security Administration’s Motion for Summary Judgment [DE 25] be GRANTED. 3) Plaintiff Marines Lugo’s Motion for Summary Judgment [DE 24] be DENIED. 4) The Commissioner of the Social Security Administration’s decision 1s AFFIRMED. 5) This case is CLOSED. DONE and ORDERED in Fort Lauderdale, Florida, this 3rd day of March, 2025.

RODNEY SMITH UNITED STATES DISTRICT JUDGE ce: All counsel of record

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