Opinion
CASE NO. 2:10-CV-631-FtM-36SPC.
October 5, 2011
ORDER
THIS CAUSE is before the Court on the Report and Recommendation filed by Magistrate Judge Sheri Polster Chappell on September 19, 2011 (Dkt. 14). The Magistrate recommends remanding the decision of the Administrative Law Judge ("ALJ") for further consideration. Neither party filed an objection to the Report and Recommendation, and the time to do so has expired.
After careful consideration of the Report and Recommendation of the Magistrate Judge, in conjunction with an independent examination of the court file, the Court is of the opinion that the Magistrate Judge's Report and Recommendation should be adopted, confirmed, and approved in all respects. The ALJ articulated a reason for discounting the opinion of Plaintiff's treating physician but did not explain this reason with any specificity and did not provide any evidentiary support for his reason (Dkt. 14, p. 16); see 20 C.F.R. § 404.1527(d); Lewis v. Callahan, 125 F.3d 1436, 1440 (11th Cir. 1997). Furthermore, the ALJ's determination that the treating physician's opinion was based on sympathy for Plaintiff is not supported by factual determinations in the record. Id.; see Phillips v. Barnhart, 357 F.3d 1232, 1240-41 (11th Cir. 2004). Because these errors are not harmless, the Court remands the decision of the ALJ.
Accordingly, it is hereby ORDERED and ADJUDGED as follows:
1) The Report and Recommendation of the Magistrate Judge (Dkt. 14) is ADOPTED, CONFIRMED, and APPROVED in all respects and is made a part of this Order for all purposes, including appellate review.
2) The decision of the Administrative Law Judge is REMANDED.
3) The Clerk is directed to terminate all pending motions, enter judgment accordingly, and CLOSE this case.DONE AND ORDERED at Ft. Myers, Florida.