McCrea v. Comm'r of Soc. Sec. Admin.

Full title: LANORUS L. MCCREA, Plaintiff, v. COMMISSIONER, SOCIAL SECURITY…

Court: United States District Court, Middle District of Florida

Date published: Mar 13, 2023

8:21-cv-2160-VMC-AEP (M.D. Fla. Mar. 13, 2023)

Opinion

8:21-cv-2160-VMC-AEP

03-13-2023

LANORUS L. MCCREA, 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 comes before the Court upon consideration of United States Magistrate Judge Anthony E. Porcelli's Report and Recommendation (Doc. # 17), entered on February 24, 2023, recommending that the decision of the Commissioner of Social Security denying a period of benefits be reversed and the matter remanded for further 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.

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 (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.

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 is REVERSED and the matter is REMANDED pursuant to sentence four of 42 U.S.C. § 405(g) for further administrative proceedings as discussed in the Report and Recommendation.

(3) The Clerk is directed to enter judgment in favor of Plaintiff accordingly and, thereafter, CLOSE this case.

DONE AND ORDERED