SEMMIG
v.
COMMISSIONER OF SOCIAL SECURITY

M.D. Fla. | 2024-07-01
No. 8:23-cv-2052
2024 FFL 14333 District Court, M.D. Florida (2024)

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Holding

The court adopts the Magistrate Judge's Report and Recommendation and affirms the Commissioner's decision to deny the plaintiff's claim for supplemental security income.


Facts & Procedural History

Plaintiff Tanya Semmig claimed supplemental security income (SSI). The Commissioner denied her claim. A Magistrate Judge recommended affirming the den…

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Opinion of the Court

On July 1, 2024, the United States Magistrate Judge entered a Report and Recommendation (Doc. 27), recommending affirmance of the Commissioner's decision to deny Plaintiff Tanya Semmig's claim for supplemental security income (“SSI"). The fourteen-day deadline to object to the Magistrate Judge's Report and Recommendation has passed without either party lodging an objection. Considering the record, the Court adopts the Report and Recommendation for the reasons stated therein and affirms the Commissioner's decision.

After conducting a careful and complete review of the findings and recommendations, a district judge may accept, reject, or modify a magistrate judge's Report and Recommendation. 28 U.S.C. § 636(b)(1). If a party files a timely and specific objection

to a finding of fact by a magistrate judge, the district court must conduct a de novo review with respect to that factual issue. Stokes v. Singletary, 952 F. 2d 1567, 1576 (11th Cir. 1992). The district court reviews legal conclusions de novo, even in the absence of an objection. See Cooper-Houston v. S. Ry. Co., 37 F. 3d 603, 604 (11th Cir. 1994); Ashworth v. Glades Cnty. Bd. of Cnty. Comm'rs, 379 F. Supp. 3d 1244, 1246 (M.D. Fla. 2019).

In the absence of any objection and after reviewing the factual allegations and legal conclusions, the Court adopts the Report and Recommendation. The Commissioner's decision to deny Semmig's claim for SSI is affirmed.

Accordingly, it is ORDERED:

1. The Magistrate Judge's Report and Recommendation (Doc. 27) is ADOPTED and made a part of this Order for all purposes.

2. The decision of the Commissioner is AFFIRMED.

3. The Clerk is directed to ENTER judgment in the Defendant's favor, terminate any pending motions, and close the case.

ORDERED in Tampa, Florida, on September 10, 2024.

/s/ Steven D. Merryday

STEVEN D. MERRYDAY

UNITED STATES DISTRICT JUDGE*

* Signed by Judge Steven D. Merryday to expedite the resolution of this motion. This case remains assigned to Judge Kathryn Kimball Mizelle.

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