Burdette v. Commissioner of Social Security, No. 2:2006cv00138 - Document 32 (M.D. Fla. 2010)

Court Description: OPINION AND ORDER adopting 31 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 3/29/2010. (RKR)

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UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA FORT MYERS DIVISION CINDY BURDETTE, Plaintiff, vs. Case No. 2:06-cv-138-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. #31), filed on March 5, 2010, 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. 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. Crawford, 363 F.3d at 1158-59. 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). After an independent review, the Court agrees with the findings and recommendations in the Report and Recommendation. Accordingly, it is now ORDERED: 1. The Report and Recommendation (Doc. #31) is adopted by the Court. 2. The Decision of the Commissioner of Social Security is affirmed. 3. The Clerk of the Court shall enter judgment accordingly and close the file. DONE AND ORDERED at Fort Myers, Florida, this March, 2010. -2- 29th day of Copies: Hon. Sheri Polster Chappell U.S. Magistrate Judge Counsel of Record -3-

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