Higgins v. Commissioner of Social Security, No. 5:2012cv00364 - Document 25 (M.D. Fla. 2013)
Court Description: MEMORANDUM AND OPINION Signed by Magistrate Judge Philip R. Lammens on 8/8/2013. (Attachment: Hearing Transcript)(JWM)
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Higgins v. Commissioner of Social Security Doc. 25 UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA OCALA DIVISION SCOTT HIGGINS, Plaintiff, v. Case No: 5:12-cv-364-Oc-PRL COMMISSIONER OF SOCIAL SECURITY Defendant. MEMORANDUM OF DECISION This matter is before the Court on Plaintiff s Complaint (Doc. 1), seeking review of the final decision of the Commissioner of the Social Security Administration (the Commissioner ) denying his claim for disability insurance benefits under the Social Security Act. On August 7, 2013, the Court heard oral argument. On appeal, Plaintiff argues that the ALJ erred by finding that based on testimony of a vocational expert there were a significant number of jobs which existed in the national economy that Plaintiff can perform, relying on Beltran v. Astrue, 676 F.3d 1203 (9th Cir., 2012). Having considered the memoranda of the parties (Docs. 19 & 20) and having heard oral argument, the Court concludes for the reasons set forth in the attached Findings, which are incorporated by reference, that the ALJ applied the correct legal standards and his final decision is supported by substantial record evidence. Accordingly, it is hereby ORDERED 1. Pursuant to sentence four of 42 U.S.C. ยง405(g), the Commissioner s final decision in this case is AFFIRMED. Dockets.Justia.com 2. The Clerk is hereb directed to enter judg C by t gment accord dingly and to close the file. o i DONE and ORDERED in Ocala, Fl D O lorida on Au ugust 7, 2013 3. The Cour Requests that the Cler rt t rk Mail or Deliver Copi of this or D ies rder to: Michael Alan Steinberg 5 Suite 195 4925 Ind dependence Pkwy P Tampa, FL 33634 F John F. Rudy, III R Suite 320 00 400 N Ta ampa St Tampa, FL 33602 F Mary An Sloan, Regional Chief Counsel nn f Dennis R. Williams, Deputy Reg R gional Chief Counsel Susan Ke Story, Branch Chief elm B f Christoph G. Harris, Assistant Regional Co her ounsel Office of the General Counsel, Region IV f l R Social Se ecurity Adm ministration 61 Forsyth Street, S.W Suite 20 W., 0T45 Atlanta, Georgia 303 G 303-8920 The Honorable Robe D. Marcin ert nkowski trative Law Judge Administ c/o Offic of Disabili Adjudica ce ity ation and Rev view Desoto Building #400 B 8880 Fre eedom Crossing Jacksonv ville, FL 322 256-1224 -2-
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