Opinion
Case No. 8:11-cv-2257-T-33TGW
10-11-2012
HELEN L. LLOYD, Plaintiff, v. MICHAEL J. ASTRUE, COMMISSIONER OF SOCIAL SECURITY, Defendant.
ORDER
This cause comes before the Court pursuant to the September 20, 2012, Report and Recommendation of Thomas G. Wilson, United States Magistrate Judge (Doc. # 22), in which Judge Wilson recommends that the decision of the Commissioner denying benefits be reversed and the matter remanded for further consideration. Specifically, Judge Wilson concludes that the Commissioner's decision "fails adequately, and reasonably, to assess all of the pertinent impairment evidence." Id. at 11. As of this date, there are no objections 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), cert. denied, 459 U.S. 1112 (1983). In the absence of specific objections, there is no requirement that a district judge review factual findings de 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-Houston 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).
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 hereby
ORDERED, ADJUDGED, and DECREED: (1) The Report and Recommendation of Thomas G. Wilson, United States Magistrate Judge (Doc. # 22), is ACCEPTED and ADOPTED. (2) The decision of the Commissioner of Social Security denying benefits is REVERSED and this matter is REMANDED for further proceedings. (3) The Clerk is directed to enter judgment in favor of the Plaintiff reflecting that the Commissioner's decision denying benefits is reversed and remanded, and thereafter to close this case.
DONE and ORDERED in Chambers in Tampa, Florida, this 11th day of October, 2012.
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VIRGINIA M. HERNANDEZ COVINGTON
UNITED STATES DISTRICT JUDGE
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