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Overton v. Commissioner of Social Security

United States District Court, M.D. Florida, Orlando Division

July 23, 2019

DELORES ANN OVERTON, Plaintiff,
v.
COMMISSIONER OF SOCIAL SECURITY, Defendant.

          ORDER

          PAUL G. BYRON UNITED STATE DISTRICT JUDGE

         This cause comes before the Court on the following:

1. Magistrate Judge Daniel C. Irick's Report and Recommendation (Doc. 22), filed May 13, 2019;
2. Plaintiff's Objections to the Magistrate Judge's Report and Recommendation (Doc. 23); and
3. Defendant's Response to Plaintiff's Objections (Doc. 24).

         Upon de novo review of the above, the Court overrules Plaintiff's objections and adopts Magistrate Judge Irick's Report and Recommendation (“R&R”).

         I. BACKGROUND

         The procedural background as set forth in the R&R is hereby adopted and made a part of this Order. (See Doc. 22, pp. 1-2).

         II. STANDARD OF REVIEW

         A. Objections to an R&R

         When a party objects to a magistrate judge's findings, the district court must “make a de novo determination of those portions of the report . . . to which objection is made.” 28 U.S.C. § 636(b)(1). The district court “may accept, reject, or modify, in whole or in part, the findings or recommendations made by the magistrate judge.” Id. The district court must consider the record and factual issues independent of the magistrate judge's report, as de novo review is essential to the constitutionality of § 636. Jeffrey S. v. State Bd. of Educ., 896 F.2d 507, 513 (11th Cir. 1990).

         B. Social Security

         To determine whether a Social Security claimant qualifies as disabled, the Commissioner uses a five-step ...


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