Summary
holding the claimant waived his Appointments Clause claim because it was not raised during administrative proceedings
Summary of this case from Hayes v. SaulOpinion
Civ. No. 16-5434
12-18-2018
DONNA M. COX, Plaintiff, v. NANCY A. BERRYHILL, Acting Commissioner of Social Security, Defendant.
JUDGMENT
AND NOW, this 18th day of December, 2018, after careful and independent review of Plaintiff's Complaint (Doc. No. 3), Defendant's Answer (Doc. No. 8), the administrative record (Doc. No. 9), Plaintiff's Brief and Statement of Issues in Support of Request for Judicial Review (Doc. No. 12), Defendant's Response (Doc. No. 15), Plaintiff's Reply (Doc. Nos. 16, 17), Magistrate Judge Perkin's Report and Recommendation (Doc. No. 20), Plaintiff's Objections (Doc. No. 21), and Defendant's Response (Doc. No. 25), it is hereby ORDERED that:
1. Plaintiff's Objections (Doc. No. 21) are OVERRULED;
2. The Report and Recommendation (Doc. No. 20) is APPROVED and ADOPTED;
3. Plaintiff's Request for Review (Doc. No. 12) is DENIED; and
4. The CLERK OF COURT shall CLOSE this case.
AND IT IS SO ORDERED.
/s/ Paul S . Diamond
Paul S. Diamond, J.