Summary
finding waiver and holding that "even assuming there was a conflict between the VE's testimony and the information contained in the DOT and/or SCO, such a conflict is not a direct or obvious conflict; instead, it would be an implied or indirect conflict"
Summary of this case from Ruffin v. ColvinOpinion
CIVIL ACTION NO. 4:13-CV-340-Y
09-02-2014
SIMON ZAPATA v. CAROLYN W. COLVIN, ACTING COMMISSIONER OF SOCIAL SECURITY
ORDER ADOPTING MAGISTRATE JUDGE'S FINDINGS, CONCLUSIONS, AND RECOMMENDATION
On August 13, 2014, the United States magistrate judge issued his findings, conclusions, and recommendation ("the findings") in this case. In the findings, the magistrate judge recommended that the Court affirm the decision of the commissioner of the Social Security Administration denying Plaintiff's claims for a period of disability and disability-insurance benefits under Title II and supplemental security income under Title XVI of the Social Security Act. An order issued that same day gave all parties until August 27 to serve and file with the Court written objections to the findings. Neither party has filed objections.
After review, the Court concludes that the findings should be, and are hereby, ADOPTED as the findings and conclusions of this Court for the reasons stated therein. Accordingly, the commissioner's decision is AFFIRMED.
SIGNED September 2, 2014.
/s/_________
TERRY R. MEANS
UNITED STATES DISTRICT JUDGE
TRM/lj