Campbell-McFolley v. Commissioner of Social Security, No. 2:2008cv00519 - Document 21 (M.D. Fla. 2009)

Court Description: OPINION AND ORDER accepting and adopting 20 Report and Recommendations. The Decision of the Commissioner of Social Security is affirmed. The Clerk shall enter judgment accordingly and close the file. Signed by Judge John E. Steele on 6/16/2009. (RKM)

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UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA FORT MYERS DIVISION APRIL CAMPBELL-MCFOLLEY, Plaintiff, vs. Case No. 2:08-cv-519-FtM-29SPC MICHAEL J. ASTRUE, Commissioner of Social Security, Defendant. ___________________________________ OPINION AND ORDER This matter is before the Court on consideration of Magistrate Judge Sheri Polster Chappell s Report and Recommendation (Doc. #20), filed on May 27, 2009, recommending that the Commissioner s decision to deny social security disability benefits be affirmed. No objections have been filed, and the time to do so has expired. For the reasons set forth below, the Court accepts the Report and Recommendation and affirms the decision of the Commissioner. The Court reviews the Commissioner s decision to determine if it is supported by substantial evidence and based upon proper legal standards. Crawford v. Comm r of Soc. Sec., 363 F.3d 1155, 1158 (11th Cir. 2004). Substantial evidence is more than a scintilla but less than a preponderance, and is such relevant evidence as a reasonable person would accept as adequate to support a conclusion. Moore v. Barnhart, 405 F.3d 1208, 1211 (11th Cir. 2005); Crawford, 363 F.3d at 1158. Even if the evidence preponderates against the Commissioner s findings, the Court must affirm if the decision reached is supported by substantial evidence. at 1158-59. Crawford, 363 F.3d The Court does not decide facts anew, make credibility judgments, reweigh the evidence, or substitute its judgment for that of the Commissioner. Moore, 405 F.3d at 1211; Dyer v. Barnhart, 395 F.3d 1206, 1210 (11th Cir. 2005). The magistrate judge, district judge and appellate judges all apply the same legal standards to the review of the Commissioner s decision. Dyer, 395 F.3d at 1210; Shinn v. Comm r of Soc. Sec., 391 F.3d 1276, 1282 (11th Cir. 2004); Phillips v. Barnhart, 357 F.3d 1232, 1240 n.8 (11th Cir. 2004). The Report and Recommendation found that the Administrative Law Judge (ALJ) properly weighed the medical evidence in the record, properly analyzed plaintiff s pain under the appropriate Eleventh Circuit standard, properly found that plaintiff could perform a full range of light work, and properly utilized the Grids (Doc. #20, pp. 16-27). After a review of the record, the Court agrees. Accordingly, it is now ORDERED: 1. The Report and Recommendation (Doc. #20) is accepted and adopted by the Court. 2. The Decision of the Commissioner of Social Security is affirmed. -2- 3. The Clerk of the Court shall enter judgment accordingly and close the file. DONE AND ORDERED at Fort Myers, Florida, this of June, 2009. Copies: Hon. Sheri Polster Chappell U.S. Magistrate Judge Counsel of Record -3- 16th day

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