Marcisz v. Commissioner of Social Security ( 2019 )

UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA ORLANDO DIVISION MICHELLE MAUREEN MARCISZ, Plaintiff, v. Case No. 6:18-cv-2088-Orl-37LRH 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: (1) failing to assign significant weight to portions of Plaintiff’s treating physician’s opinion; (2) failing to include all Plaintiff’s functional limitations in hypothetical questions posed to the vocational expert; and (3) failing to offer specific reasons for credibility determinations. (Doc. 22, pp. 11–16, 21–26, 28–30.) On referral, United States Magistrate Judge Leslie R. Hoffman recommends affirming the Commissioner’s decision because the ALJ applied the correct legal standard and the decision was supported by substantial evidence. (Doc. 23 (“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 clear error, the Court concludes the R&R is due to be adopted in its entirety. Accordingly, it is ORDERED AND ADJUDGED as follows: 1. US. Magistrate Judge Leslie R. Hoffman’s Report and Recommendation (Doc. 23) 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 Michelle Maureen Marcisz and to close this case. DONE AND ORDERED in Chambers in Orlando, Florida, on December 13, 2019. Yj, ROY B. DALTON TR: United States District Judge Copies to: Counsel of Record -2-