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Bellew v. Colvin

United States District Court, S.D. Georgia, Augusta Division

July 31, 2014

TERRY ALAN BELLEW, Plaintiff,
v.
CAROLYN W. COLVIN, Acting Commissioner of Social Security Administration, Defendant.

ORDER

J. RANDAL HALL, District Judge.

After a careful, de novo review of the file, the Court concurs with the Magistrate Judge's Report and Recommendation ("R&R"), to which objections have been filed.[1] Although Plaintiffs second filing of July 24, 2014 is titled "Plaintiffs Request for United States Magistrate's Judge Reconsideration of Report and Final Judgment, " the Court construes it as objections because he responds therein to the Magistrate Judge's findings and conclusions in the R&R.[2] (See generally doc. no. 29.) The Court OVERRULES Plaintiffs objections because they restate arguments that the Magistrate Judge already addressed in the R&R and do not offer any new information or evidence that warrants a deviation from the Magistrate Judge's findings.

In both his objections and a separate motion also filed on July 24, 2014, Plaintiff requests that the Court review 110 pages of enclosed medical records. (Doc. nos. 28, 29, 29-1.) However, as the Magistrate Judge stated in his Order dated July 16, 2014, Plaintiff had ample time to compile and submit evidence in the underlying administrative proceedings and in this action. (Doc. no. 27, p. 1.) Furthermore, to the extent the records pertain to Plaintiffs recent health status, as opposed to the relevant period for purposes of his administrative application, they would not affect the Court's review of the underlying proceedings at issue in this case. If Plaintiff has developed new and potentially disabling conditions, he may file a new application with the Social Security Administration and submit evidence of such conditions in that proceeding. Accordingly, Court ADOPTS the Report and Recommendation of the Magistrate Judge as its opinion, AFFIRMS the Acting Commissioner's final decision, CLOSES this civil action, and DIRECTS the Clerk to enter a final judgment in favor of the Acting Commissioner.

SO ORDERED.


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