Mancino v. Commissioner of Social Security

Filing 16

OPINION AND ORDER accepting and adopting 15 Report and Recommendations. The Decision of the Commissioner is reversed and remanded to the Commissioner pursuant to sentence four for the reasons stated in the Opinion and Order. The Clerk shall enter judgment accordingly and close the file. Signed by Judge John E. Steele on 6/11/2009. (RKM)

UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA FORT MYERS DIVISION SHERIL L. MANCINO, Plaintiff, vs. Case No. 2:08-cv-376-FtM-29SPC

MICHAEL J. ASTRUE, Commissioner of Social Security, Defendant. ___________________________________ OPINION AND ORDER This matter is before the Court on consideration of

Magistrate Judge Sheri Polster Chappell's Report and Recommendation (Doc. #15), filed on May 21, 2009, recommending that the

Commissioner's decision to deny social security disability benefits be remanded with instructions to the Commissioner. have been filed, and the time to do so has expired. The Court reviews the Commissioner's decision to determine if it is supported by substantial evidence and based upon proper legal standards. Crawford v. Comm'r of Soc. Sec., 363 F.3d 1155, 1158 Substantial evidence is more than a scintilla No objections

(11th Cir. 2004).

but less than a preponderance, and is such relevant evidence as a reasonable person would accept as adequate to support a conclusion. Moore v. Barnhart, 405 F.3d 1208, 1211 (11th Cir. 2005); Crawford, 363 F.3d at 1158. Even if the evidence preponderates against the

Commissioner's findings, the Court must affirm if the decision

reached is supported by substantial evidence.

Crawford, 363 F.3d

at 1158-59. The Court does not decide facts anew, make credibility judgments, reweigh the evidence, or substitute its judgment for that of the Commissioner. Moore, 405 F.3d at 1211; Dyer v. The magistrate

Barnhart, 395 F.3d 1206, 1210 (11th Cir. 2005).

judge, district judge and appellate judges all apply the same legal standards to the review of the Commissioner's decision. Dyer, 395

F.3d at 1210; Shinn v. Comm'r of Soc. Sec., 391 F.3d 1276, 1282 (11th Cir. 2004); Phillips v. Barnhart, 357 F.3d 1232, 1240 n.8 (11th Cir. 2004). After an independent review, the Court agrees with the

findings and recommendations in the Report and Recommendation. Therefore, the ALJ's Decision will be reversed and the matter remanded to the Commissioner for further proceedings. Accordingly, it is now ORDERED: 1. The Report and Recommendation (Doc. #15) is accepted and

adopted by the Court. 2. The Decision of the Commissioner of Social Security is

reversed and the matter is remanded to the Commissioner of Social Security pursuant to sentence four of 42 U.S.C. § 405(g) with instructions to address plaintiff's ability to perform fine and gross manipulations with her hands and address the opinion of

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treating rheumatologist Dr. Galang. The Commissioner may also take any additional action necessary to properly resolve the claim. 3. The Clerk of the Court shall enter judgment accordingly

and close the file. DONE AND ORDERED at Fort Myers, Florida, this June, 2009. 11th day of

Copies: Hon. Sheri Polster Chappell U.S. Magistrate Judge Counsel of Record

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