Qasem v. Commissioner of Social Security, No. 2:2012cv00596 - Document 24 (M.D. Fla. 2014)

Court Description: OPINION AND ORDER accepting and adopting 20 Report and Recommendations; overruling 23 Objection to the Report and Recommendation. The Decision of the Commissioner is affirmed. The Clerk shall enter judgment accordingly and close the file. Signed by Judge John E. Steele on 3/17/2014. (RKR)

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UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA FORT MYERS DIVISION PATRICIA QASEM, Plaintiff, v. Case No: 2:12-cv-596-FtM-29DNF COMMISSIONER SECURITY, OF SOCIAL Defendant. OPINION AND ORDER This matter is before the Court on consideration of Magistrate Judge Douglas N. Frazier s Report and Recommendation (Doc. #20), filed on February 11, 2014, recommending that the Decision of the Commissioner be affirmed. Plaintiff filed an Objection to the Report and Recommendation (Doc. #23) on March 12, 2014. 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)(citing Lewis v. Callahan, 125 F.3d 1436, 1439 (11th Cir. 1997)). 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)(citing Crawford, 363 F.3d at 1158-59). Even if the evidence preponderates against the Commissioner s findings, the Court must affirm if evidence. the decision Crawford, reached 363 F.3d is at supported 1158-59 by substantial (citing Sullivan, 894 F.2d 1520, 1529 (11th Cir. 1990)). Martin v. 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 (citing Bloodsworth v. Heckler, 703 F.2d 1233, 1239 (11th Cir. 1983)); Dyer v. Barnhart, 395 F.3d 1206, 1210 (11th Cir. 2005)(citing Phillips v. Barnhart, 357 F.3d 1232, 1240 n.8 (11th Cir. 2004)). The Court reviews the Commissioner s conclusions of law under a de novo standard of review. Ingram v. Comm r of SSA, 496 F.3d 1253, 1260 (11th Cir. 2007)(citing Martin, 894 F.2d at 1529). Plaintiff asserts that the Report and Recommendation erroneously found (1) that substantial evidence supported the Administrative Law Judge s (ALJ) finding plaintiff could perform a limited range of light work despite using a cane; and (2) that the ALJ properly failed to consult a vocational expert at Step Four of the evaluation process to determine whether plaintiff was capable of performing her past relevant work as an office clerk. After an independent review, the Court agrees with the findings and recommendations in the Report and Recommendation. Substantial evidence supports the finding that plaintiff could perform a limited range of light work despite her use of a cane, and the ALJ - 2 - was not required to call a vocational expert to make the Step Four determination. Plaintiff s cases addressing Step Five of the evaluation process are not controlling or persuasive at Step Four. Accordingly, it is now ORDERED: 1. The Report and Recommendation (Doc. #20) is accepted and adopted by the Court. 2. Plaintiff s Objection to the Report and Recommendation (Doc. #23) is overruled. 3. The Decision of the Commissioner of Social Security is affirmed. 4. The Clerk of the Court shall enter judgment accordingly and close the file. DONE and ORDERED at Fort Myers, Florida, this of March, 2014. Copies: Hon. Douglas N. Frazier U.S. Magistrate Judge Counsel of Record - 3 - 17th day

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