Opinion
Civil Action No. 17-20576-Civ-Scola
05-24-2018
Abner Monzon, Plaintiff, v. Nancy A. Berryhill, Acting Commissioner of Social Security, Defendant.
Order Adopting Magistrate's Report and Recommendation
This matter was referred to United States Magistrate Judge Alicia M. Otazo-Reyes for a ruling on all pre-trial, nondispositive matters, and for a Report and Recommendation on any dispositive matters. On May 8, 2018, Judge Otazo-Reyes issued a Report and Recommendation, recommending that the Court grant the Plaintiff Abner Monzon's motion for summary judgment (ECF No. 20), and that the Court deny the Defendant's motion for summary judgment (ECF No. 21). Neither party filed objections to this report. A district-court judge need conduct a de novo review of only "those portions of the report or specified proposed findings or recommendations to which objection is made." 28 U.S.C. § 636. When no objections are made, a report may be adopted in full without conducting de novo review. Id. Nevertheless, the Court reviewed the filings, the applicable law, and the record, and finds that there is insufficient basis to support a determination that the administrative law judge (ALJ) fairly and fully developed the medical evidence of record or adequately assessed the weight of the Medical Source Statement.
Accordingly, the Court adopts Judge Otazo-Reyes's Report and Recommendation (ECF No. 25), grants Plaintiff Monzon's motion for summary judgment (ECF No. 20), denies the Defendant's motion for summary judgment (ECF No. 21), and remands this case to the Commissioner for further proceedings in accordance with Judge Otazo-Reyes's Report and Recommendation.
Done and ordered at Miami, Florida on May 24, 2018.
/s/_________
Robert N. Scola, Jr.
United States District Judge