Opinion
Case No: 2:17-cv-324-FtM-38CM
08-16-2018
JENNIFER L. WHALEY, Plaintiff, v. COMMISSIONER OF SOCIAL SECURITY, Defendant.
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Before the Court is United States Magistrate Judge Carol Mirando's Report and Recommendation (Doc. 23). Judge Mirando recommends that the Commissioner's decision be reversed and remanded. No party has objected to the Report and Recommendation, and the period to do so has lapsed. This matter is ripe for review.
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. See 28 U.S.C. § 636(b)(1); see also 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 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. Southern Ry. Co., 37 F.3d 603, 604 (11th Cir. 1994).
After independently examining the file and on consideration of Judge Mirando's findings and recommendation, the Court accepts and adopts the Report and Recommendation.
Accordingly, it is now
ORDERED:
1. The Report and Recommendation (Doc. 23) is ACCEPTED and ADOPTED and the findings incorporated herein.
2. The decision of the Commissioner is REVERSED and this matter is REMANDED to the Commissioner, pursuant to sentence four of 42 U.S.C. § 405(g), for the Commissioner to:
a. Fully consider all evidence from Kellee Anderson and resolve and conflicts therein;
b. Reevaluate as appropriate the evidence of Rebecca Marazon, MS, CAS, and Christine Needham, Ed.D.; and
c. Make any other determinations consistent with this Order or in the interests of justice.
3. The Clerk of Court is DIRECTED to enter judgment pursuant to sentence four of 42 U.S.C. § 405(b) in favor of Jennifer Whaley, and close the file.
DONE and ORDERED in Fort Myers, Florida this 16th day of August 2018.
/s/ _________
SHERI POLSTER CHAPPELL
UNITED STATES DISTRICT JUDGE Copies: All Parties of Record