Spitler et al v. Commissioner of Social Security
Filing
20
OPINION AND ORDER accepting and adopting 19 Report and Recommendations. the Decision of the Commissioner of Social Security is reversed and the matter remanded to the Commissioner pursuant to sentence four so that the Commissioner can consider the treating physicians' report from the Family Health Centers, and take such further actions as are necessary to properly resolve the matter. The Clerk of the Court shall enter judgment accordingly and close the file. Signed by Judge John E. Steele on 9/13/2011. (RKR)
UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
FORT MYERS DIVISION
ROXANNE SPITLER,
Plaintiff,
vs.
Case No.
2:10-cv-258-FtM-29DNF
MICHAEL J. ASTRUE, Commissioner of
Social Security,
Defendant.
___________________________________
OPINION AND ORDER
This
matter
is
before
the
Court
on
consideration
of
Magistrate Judge Douglas N. Frazier’s Report and Recommendation
(Doc. #19),
filed
on
August
24, 2011,
recommending
that the
Commissioner’s decision to deny social security disability benefits
be
affirmed
in
Commissioner.
part,
reversed
in
part,
and
remanded
to
the
No objections 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
(11th Cir. 2004).
Substantial evidence is more than a scintilla
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.
Barnhart, 395 F.3d 1206, 1210 (11th Cir. 2005).
The magistrate
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.
Accordingly, it is now
ORDERED:
1.
The Report and Recommendation (Doc. #19) is accepted and
adopted.
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) so that
the Commissioner can consider the treating physicians’ report from
the Family Health Centers, and take such further actions as are
necessary to properly resolve the matter.
-2-
3.
The Clerk of the Court shall enter judgment accordingly
and close the file.
DONE AND ORDERED at Fort Myers, Florida, this
September, 2011.
Copies:
U.S. Magistrate Judge
Counsel of Record
-3-
13th
day of
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