Gomez v. Comm'r, Soc. Sec. Admin.

Full title: ALBERT JOHN GOMEZ, Plaintiff, v. COMMISSIONER, SOCIAL SECURITY…

Court: United States District Court, Middle District of Florida

Date published: Oct 2, 2022

8:22-cv-275-VMC-JSS (M.D. Fla. Oct. 2, 2022)

Opinion

8:22-cv-275-VMC-JSS

10-02-2022

ALBERT JOHN GOMEZ, Plaintiff, v. COMMISSIONER, SOCIAL SECURITY ADMINISTRATION, Defendant.

VIRGINIA M. HERNANDEZ COVINGTON UNITED STATES DISTRICT JUDGE

ORDER

VIRGINIA M. HERNANDEZ COVINGTON UNITED STATES DISTRICT JUDGE

This matter is before the Court on consideration of United States Magistrate Judge Julie S. Sneed's Report and Recommendation (Doc. # 18), filed on August 30, 2022, recommending that the Commissioner's Unopposed Motion for Entry of Judgment with Remand (Doc. #17) be granted. The Court accepts and adopts the Report and Recommendation and remands the case to the Commissioner.

Discussion

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 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 recommendation. 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 (11^th 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.

Accordingly, it is now

ORDERED, ADJUDGED, and DECREED:

(1) The Report and Recommendation (Doc. # 18) is ACCEPTED and ADOPTED.

(2) The Commissioner's Motion for Entry of Judgment with Remand (Doc. # 17) is GRANTED.

(3) The Commissioner's decision denying Plaintiff's application for disability insurance benefits and supplemental security income benefits is REVERSED.

(4) The case is REMANDED to the Commissioner pursuant to sentence four of 42 U.S.C. § 405(g) for further administrative proceedings consistent with the reasons stated in the Commissioner's Unopposed Motion for Entry of Judgment with Remand (Doc. # 17) and the Report and Recommendation (Doc. # 18).

(5) The Clerk is directed to enter judgment in Plaintiff's favor, terminate all other pending motions, and CLOSE this case.

DONE and ORDERED.