Wilder v. Commissioner of Social Security

Middle District of Florida, flmd-8:2016-cv-01111

ORDER: The Report and Recommendation (Doc. # {{17}}) is ACCEPTED and ADOPTED. The decision of the Commissioner of Social Security denying benefits is REVERSED and REMANDED for further administrative proceedings. The Clerk is directed to enter a Jud gment in favor of the Plaintiff reflecting that the Commissioner's decision denying benefits is reversed and remanded for further administrative proceedings. Thereafter, the Clerk is directed to CLOSE THE CASE. The matter of fees and costs shall be addressed upon further pleadings. Signed by Judge Virginia M. Hernandez Covington on 5/17/2017. (KAK)

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PageID 1049 UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA TAMPA DIVISION MARISA RAE WILDER, Plaintiff, v. Case No. 8:16-cv-1111-T-33MAP NANCY BERRYHILL, Acting Commissioner of Social Security, Defendant. ________________________________/ ORDER This matter is before the Court on consideration of United States Magistrate Judge Mark A. Pizzo's Report and Recommendation (Doc. # 17), filed on May 2, 2017, recommending that the decision of the Commissioner of Social Security denying SSI benefits be reversed and remanded for further administrative proceedings. As of this date, neither party has filed an objection to the Report and Recommendation, and the time for the parties to file such objections has elapsed. After conducting a careful and complete review of the findings and recommendations, a district judge may accept, reject or modify the magistrate judge's report and recommendation. 28 U.S.C. § 636(b)(1); Williams v. Wainwright, 681 F.2d 732 (11th Cir. 1982). In the absence of specific objections, there is no requirement that a district judge review factual findings de PageID 1050 novo, Garvey v. Vaughn, 993 F.2d 776, 779 n.9 (11th Cir. 1993), and the court may accept, reject or modify, in whole or in part, the findings and recommendations. 28 U.S.C. § 636(b)(1)(C). The district judge reviews legal conclusions de novo, even in the absence of an objection. See Cooper-Hous. v. S. Ry. Co., 37 F.3d 603, 604 (11th Cir. 1994); Castro Bobadilla v. Reno, 826 F. Supp. 1428, 1431-32 (S.D. Fla. 1993), aff'd, 28 F.3d 116 (11th Cir. 1994) (Table). After conducting a careful and complete review of the findings, conclusions and recommendations, and giving de novo review to matters of law, the Court accepts the factual findings and legal conclusions of the Magistrate Judge, and the recommendation of the Magistrate Judge. Accordingly, it is now ORDERED, ADJUDGED, and DECREED: (1) The Report and Recommendation (Doc. # 17) is ACCEPTED and ADOPTED. (2) The decision of the Commissioner of Social Security denying benefits is REVERSED and REMANDED for further administrative proceedings. (3) The Clerk is directed to enter a Judgment in favor of the Plaintiff reflecting that the Commissioner's decision 2 PageID 1051 denying benefits is reversed and remanded for further administrative proceedings. Thereafter, the Clerk is directed to CLOSE THE CASE. (4) The matter of fees and costs shall be addressed upon further pleadings. DONE and ORDERED in Chambers, in Tampa, Florida, this 17th day of May, 2017. 3