PLATO v. SOCIAL SECURITY ADMINISTRATION COMMISSIONER, No. 1:2012cv00319 - Document 35 (D. Me. 2013)

Court Description: ORDER AFFIRMING RECOMMENDED DECISION OF THE MAGISTRATE JUDGE - adopting Report and Recommended Decision re 25 Report and Recommendations for 11 Motion Remand to Agency filed by JENNIFER PLATO, 10 Social Security Statement of Errors/Fact Sheet. By JUDGE D. BROCK HORNBY. (mnw)

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UNITED STATES DISTRICT COURT DISTRICT OF MAINE JENNIFER R. PLATO, PLAINTIFF v. CAROLYN W. COLVIN, ACTING COMMISSIONER OF SOCIAL SECURITY ADMINISTRATION, DEFENDANT ) ) ) ) ) ) ) ) ) ) ) CIVIL NO. 1:12-CV-319-DBH ORDER AFFIRMING RECOMMENDED DECISION OF THE MAGISTRATE JUDGE On July 18, 2013, the United States Magistrate Judge filed with the court, with copies to counsel, his Report and Recommended Decision. The plaintiff filed her objection to the Magistrate Judge s Recommended Decision on August 12, 2013. Oral argument was held on September 23, 2013. I have reviewed and considered the Recommended Decision, together with the entire record. To the degree that it is not implicit in the Recommended Decision that the Magistrate Judge considered the new evidence cumulatively as well as separately, I find on de novo review that, considered cumulatively, the new evidence does not justify granting the plaintiff s motion to remand. I have made a de novo determination of all matters adjudicated by the Recommended Decision; and I concur with the recommendations of the United States Magistrate Judge for the reasons set forth in the Recommended Decision, and determine that no further proceeding is necessary. It is therefore ORDERED that the Recommended Decision of the Magistrate Judge is hereby ADOPTED. The plaintiff s motion for remand is DENIED and the Commissioner s decision is AFFIRMED. SO ORDERED. DATED THIS 24TH DAY OF SEPTEMBER, 2013 /S/D. BROCK HORNBY D. BROCK HORNBY UNITED STATES DISTRICT JUDGE 2

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