Case Name in Social Security Case - Unavailable

Page 1 of 2
IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ALABAMA
SOUTHERN DIVISION
PHILLIP MITCHELL FLEMING, )
)
Plaintiff, )
)
vs. ) CIV. ACT. NO. 1:24-cv-30-TFM-MU
)
CAROLYN W. COLVIN,1
Acting Commissioner of Social Security,
)
)
)
Defendant. )
MEMORANDUM OPINION AND ORDER
On September 24, 2024, the Magistrate Judge entered a Report and Recommendation
which recommends the Commissioner’s decision denying Supplemental Security Income (“SSI”)
benefits should be affirmed. See Doc. 14. On October 9, 2024, Plaintiff filed objections to which
Defendant timely responded. See Docs. 15, 17. The Report and Recommendation is ripe for
review.
The arguments asserted by Plaintiff in his objections appeared to be many of the same
arguments presented in the initial brief. Nothing in these arguments offsets the well-reasoned
analysis in the Report and Recommendation. Therefore, Plaintiff’s objections are overruled.
Therefore, after due and proper consideration of all portions of this file deemed relevant to
the issues raised, and a de novo determination of those portions of the Recommendation to which
objection is made, the Report and Recommendation of the Magistrate Judge is ADOPTED as the
opinion of this Court. Accordingly, the Court concludes that the ALJ’s non denial of SSI benefits
1 Pursuant to Fed. R. Civ. P. 25(d), “When a public officer is a party to an action in an official
capacity and during its pendency dies, resigns, or otherwise ceases to hold office, the action does
not abate and the officer's successor is automatically substituted as a party.”
Case 1:24-cv-00030-TFM-MU Doc# 18 Filed 01/10/25 Page 1 of 2 PageID#
<pageID>

Page 2 of 2
is supported by substantial evidence and no legal error was committed. Further, Plaintiff failed to
establish that the case warrants remand under section six of 42 U.S.C. § 405(g). It is, therefore,
ORDERED that the decision of the Commissioner is AFFIRMED.
A separate judgment will issue pursuant to Fed. R. Civ. P. 58.
DONE and ORDERED this 10th day of January, 2025.
/s/Terry F. Moorer
TERRY F. MOORER
UNITED STATES DISTRICT JUDGE
Case 1:24-cv-00030-TFM-MU Doc# 18 Filed 01/10/25 Page 2 of 2 PageID#
<pageID>