Summary
finding no abuse of discretion by the Appeals Council where claimant alleged failure to receive ALJ's decision but did not provide any evidence that it was returned as undeliverable
Summary of this case from Drake v. Comm'r of Soc. Sec.Opinion
No: 3:06cv366/LAC/MD.
January 16, 2008
ORDER
This cause comes on for consideration upon the magistrate judge's report and recommendation dated December 10, 2007. The plaintiff has been furnished a copy of the report and recommendation and has been afforded an opportunity to file objections pursuant to Title 28, United States Code, Section 636(b)(1), and I have made a de novo determination of those portions to which an objection has been made.
Having considered the report and recommendation and all objections thereto timely filed, I have determined that the report and recommendation should be adopted.
Accordingly, it is now ORDERED as follows:
1. The magistrate judge's report and recommendation is adopted and incorporated by reference in this order.
2. The decision of the Commissioner is AFFIRMED, this action is DISMISSED, and the clerk is directed to close the file.
DONE AND ORDERED.