Berg v. Commissioner of Social Security

Middle District of Florida, flmd-8:2016-cv-00411

ORDER adopting {{40}} Report and Recommendation; reversing and remanding; directing the Clerk to enter judgment and close the file. Signed by Judge James D. Whittemore on 6/28/2019. (AKA)

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PageID 571 UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA TAMPA DIVISION JENNIFER L. BERG, Plaintiff, vs. Case No. 8:16-cv-411-T-27MRM COMMISSIONER OF SOCIAL SECURITY, Defendant. ________________________________/ ORDER BEFORE THE COURT is the Report and Recommendation (Dkt. 40) from the Magistrate Judge recommending that the decision of the Commissioner be reversed and remanded pursuant to 42 U.S.C. § 405(g). Neither party filed objections and the time for doing so has expired. A district court may accept, reject or modify a magistrate judge's report and recommendation. 28 U.S.C. § 636(b)(1). In the absence of specific objections, there is no requirement that factual findings be reviewed de novo, and the court may accept, reject or modify, in whole or in part, the findings and recommendations. § 636(b)(1)(C); Garvey v. Vaughn, 993 F.2d 776, 779 n.9 (11th Cir. 1993). Legal conclusions are reviewed de novo, even in the absence of an objection. See LeCroy v. McNeil, 397 F. App'x 554, 556 (11th Cir. 2010) (citing United States v. Warren, 687 F.2d 347, 348 (11th Cir. 1982)); Cooper-Houston v. S. Ry. Co., 37 F.3d 603, 604 (11th Cir. 1994). After conducting a careful and complete review of the findings, conclusions, and recommendations, and giving de novo review to matters of law, 1. The Report and Recommendation (Dkt. 40) is APPROVED and ADOPTED for all PageID 572 purposes, including for appellate review. 2. The decision of the Commissioner is REVERSED and REMANDED for further proceedings consistent with the Report and Recommendation pursuant to 42 U.S.C. § 405(g). 3. The Clerk shall enter final judgment in favor of Plaintiff and against the Commissioner. 4. The Clerk is directed to CLOSE the file. DONE AND ORDERED on this 28th day of June, 2019. /s/ James D. Whittemore JAMES D. WHITTEMORE United States District Judge Copies to: Counsel of Record Unrepresented Parties