Burr v. Commissioner of Social Security
5:18-cv-00518
| M.D. Fla. | Aug 14, 2019
Case Information

*1

United States District COURT Middle District of Florida OcalA DIVISION

KENNETH D. BURR, JR,

Plaintiff,

V.

Case No: 5:18-cv-518-Oc-18PRL

COMMISSIONER OF SOCIAL SECURITY,

Defendant.

ORDER

THIS CAUSE comes for consideration on Plaintiff Kenneth D. Burr, Jr.'s appeal from a final decision of the Commissioner of the Social Security Administration (the "Commissioner") denying Plaintiff's application for Disability Insurance Benefits ("DIB") after proceedings before an Administrative Law Judge ("ALJ"). [1] On February 22, 2019, the Commissioner filed a Motion for Partial Judgment on the Pleadings (the "Motion") (Doc. 23) pursuant to Rule 12(c) of the Federal Rules of Civil Procedure (Id. at 1), to which Plaintiff responded in opposition (Doc. 25). Thereafter, on April 1, 2019, the United States Magistrate Judge entered an order converting the Motion to a motion for partial summary judgment (Doc. 26). On May 17, 2019, the United States Magistrate Judge issued a report and recommendation (the "Report and Recommendation") (Doc. 29) recommending that the Motion be granted after finding, "the Appointments Clause is subject to forfeiture if not raised before the ALJ, and Plaintiff has not provided a sufficient rationale for disregarding the general rule here." (Id. at 7-8). Plaintiff timely filed objections (Doc. 30) to the Report and Recommendation, to which the Commissioner filed a response (Doc. 31).

*2 The ALJ's findings are supported by substantial evidence, and the ALJ applied the proper legal analysis to the claims set forth in the Motion. After de novo review of Plaintiff's objections to the Report and Recommendation (Doc. 29), it is hereby ORDERED and ADJUDGED as follows:

  1. United States Magistrate Judge Philip R. Lammens's Report and Recommendation (Doc. 29) is APPROVED and ADOPTED and is made part of this Order for all purposes, including appellate review.
  2. Defendant Commissioner of Social Security's Motion for Partial Judgment on the Pleadings (Doc. 23) is GRANTED.
  3. Partial summary judgment is awarded in favor of Defendant Commissioner of Social Security and against Plaintiff Kenneth D. Burr, Jr. on the Appointments Clause claims set forth in Plaintiff's Complaint (Doc. 1). The Clerk of Court is directed to ENTER JUDGMENT accordingly.

DONE and ORDERED in Orlando, Florida on this day of August, 2019.

Copies furnished to: Counsel of Record

NOTES

1 The Commissioner filed a certified copy of the record before the Social Security Administration. (See Doc. 22.)