EUTSAY
v.
COMMISSIONER OF SOCIAL SECURITY

S.D. Fla. | 2022-05-20
No. 21-cv-21164
District Court, S.D. Florida (2022)

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Holding

The court adopted the Magistrate Judge's recommendation to deny the claimant's motion for summary judgment and grant the Commissioner's motion, affirming the administrative law judge's decision.


Facts & Procedural History

The Claimant and the Commissioner filed cross-motions for summary judgment in a Social Security appeal. The Magistrate Judge issued a Report and Recom…

The full statement of facts, procedural history, and disposition for this case are member content.

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Opinion of the Court

THIS CAUSE is before the Court upon Plaintiff Cora D. Eutsay’s (“Claimaint”) Motion for Summary Judgment and Brief in Support of Motion for Summary Judgment (“Claimaint’s Motion”), ECF No. , and Defendant Kilolo Kijakazi’s (“Commissioner”) Motion for Summary Judgment with Supporting Memorandum of Law and Opposition to Plaintiff’s Motion for Summary Judgment (“Commissioner’s Motion), ECF No. .1 (“Motions”). The Motions were previously referred to the Honorable Alicia M. Otazo-Reyes for a Report and Recommendations (“R&R”). See ECF No. .

On May 4, 2022, the Magistrate Judge issued a R&R recommending that Claimant’s Motion be denied, Commissioner’s Motion be granted, and the Commissioner’s decision be affirmed. ECF No. . The R&R advised the parties to file any objections within fourteen days of the date of service of a copy of the R&R. Id. To date, the parties have not filed objections, nor have the parties sought additional time in which to do so.

Nevertheless, the Court has conducted a de novo review of the R&R and the record in this case and is otherwise fully advised. See Williams v. McNeil, 557 F. 3d 1287, 1291 (11th Cir. 2009) (citing 28 U.S.C. § 636(b)(1)). Upon review, the Court finds the R&R to be well reasoned and correct. The Court therefore agrees with the analysis in the R&R and concludes that the Claimant’s Motion must be DENIED and Commissioner’s Motion must bb GRANTED for the reasons set forth therein.

Accordingly, it is ORDERED and ADJUDGED as follows:

1. The R&R, ECF No. , is ADOPTED.

2. Claimant’s Motion, ECF No. , is DENIED.

3. Commissioner’s Motion, ECF No. , is GRANTED and the Administrative Law Judge’s decision is AFFIRMED.

4. The Clerk shall CLOSE the case.

DONE AND ORDERED in Chambers at Miami, Florida, on May 19, 2022.

UNITED STATES DISTRICT JUDGE

Copies to: Counsel of Record

Footnotes
1 Claimant’s Reply Brief is at ECF No. . Case No. 21-cv-21164-BLOOM/Otazo-Reyes

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