Cabrera v. Commissioner of Social Security Administration

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WO
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF ARIZONA
Anthony Cabrera,
Plaintiff,
v.
Commissioner of Social Security
Administration,
Defendant.
No. CV-24-03374-PHX-SMB
ORDER
Plaintiff Anthony Cabrera filed this action pursuant to 42 U.S.C. § 405(g) of the
Social Security Act for judicial review of the final decision of the Commissioner of the
Social Security Administration, denying his application for Social Security disability
benefits. The matter was referred to Magistrate Judge Deborah M. Fine pursuant to 28
U.S.C. § 636(b)(1). (Doc. 12.) Judge Fine issued a Report and Recommendation (“R&R”)
recommending that this Court affirm the final decision of the Commissioner (Doc. 20).
The R&R advised the parties that they may file written objections within fourteen (14) days
from the date of service of a copy of the R&R. (Doc. 20 at 29.)
Plaintiff filed an Objection to the R&R (Doc. 21), requesting the Court reject the
findings of the Magistrate Judge and to reverse the Commissioner’s decision and remand
this case for an award of benefits. Defendant filed a Reply (Doc. 23). A district judge
must “make a de novo determination of those portions” of a magistrate judge’s “report or
specified proposed findings or recommendations to which objection is made.” § 636(b)(1).
The Court has reviewed the R&R de novo. The Court notes that the R&R provides
Case 2:24-cv-03374-SMB Document 23 Filed 02/05/26 Page 1 of 2

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a thorough factual background and medical history and an in-depth legal analysis of the
claims under the applicable legal standards therein, carefully considering the evidence of
the treating and examining physicians and the findings of the Administrative Law Judge.
Thus, the Court, after de novo consideration of all matters presented, including the
Objection and an independent review of the record herein, finds that the findings of the
Magistrate Judge as set forth in the R&R shall be accepted and adopted as the findings of
fact and conclusions of law of this Court. Accordingly, the court overrules the Plaintiff’s
objections.
Accordingly,
IT IS HEREBY ORDERED that Magistrate Judge Fine’s Report and
Recommendation (Doc. 20) is hereby accepted and adopted as the findings of fact and
conclusions of law by this Court.
IT IS FURTHER ORDERED overruling Plaintiff’s objections (Doc. 21).
IT IS FURTHER ORDERED affirming the ALJ’s December 28, 2023, decision.
IT IS FURTHER ORDERED directing the Clerk to enter final judgment
consistent with this Order and close this case.
Dated this 5th day of February, 2026.
Case 2:24-cv-03374-SMB Document 23 Filed 02/05/26 Page 2 of 2