Machicote v. Comm'r of Soc. Sec.

Full title: OSCAR MACHICOTE, Plaintiff, v. COMMISSIONER OF SOCIAL SECURITY, Defendant.

Court: United States District Court, Middle District of Florida

Date published: Mar 14, 2022

6:20-cv-1907-GKS-EJK (M.D. Fla. Mar. 14, 2022)

Opinion

6:20-cv-1907-GKS-EJK

03-14-2022

OSCAR MACHICOTE, Plaintiff, v. COMMISSIONER OF SOCIAL SECURITY, Defendant.

G. KENDALL SHARP, SENIOR UNITED STATES DISTRICT JUDGE.

ORDER

G. KENDALL SHARP, SENIOR UNITED STATES DISTRICT JUDGE.

THIS CAUSE concerns Plaintiff Oscar Machicote's appeal¹ from a final decision² of the Defendant, Commissioner of the Social Security Administration (Commissioner), determining that Plaintiff was not disabled and denying his application for Disability Insurance Benefits.³ Plaintiff and Defendant filed a Joint Memorandum in support of their differing positions (Doc. 22). The Court referred the matter to the United States Magistrate Judge for a report and recommendation (Report and Recommendation).

1 Complaint filed October 15, 2020. (Doc. 1).

2 Decision, April 16, 2020. (Doc. 19-2). Subsequently, on August 12, 2020, the Appeals Council denied Plaintiffs request for a review of the Administrative Law Judge's (ALJ) decision. After exhausting his administrative remedies, Plaintiff filed his Complaint.

3 The Commissioner filed a certified copy of the record before the Social Security Administration. (See Doc. 19.)

On January 3, 2022, the United States Magistrate Judge issued a Report and Recommendation (Doc. 24), recommending that the Administrative Law Judge's decision be affirmed. Thereafter, Plaintiff filed Objections to the Report and Recommendation (Doc. 25). The Defendant filed a Response to Plaintiffs Objections supporting adoption of the Report and Recommendation (Doc. 26).

After de novo review of the portions of the Report and Recommendation (Doc. 24) to which Plaintiff objects, in this case the ALJ's findings are supported by substantial evidence, and the ALJ applied the proper legal analysis to Plaintiffs disability claims. It is hereby ORDERED and ADJUDGED as follows:

1. United States Magistrate Judge Embry J. Kidd's Report and Recommendation (Doc. 24) is APPROVED and ADOPTED and is made part of this Order for all purposes, including appellate review.

2. The Commissioner's final decision in this case is AFFIRMED under 42 U.S.C. § 405(g).

3. The Clerk of Court is DIRECTED to enter JUDGMENT in favor of Defendant Commissioner and against Plaintiff, Oscar Machicote, and CLOSE the case.

DONE AND ORDERED.