Ross et al v. Commissioner of Social Security

Filing 15

ORDER adopting 14 Report and Recommendation of the Magistrate Judge. The decision of the Administrative Law Judge is REMANDED. The Clerk is directed to terminate all pending motions, enter judgment accordingly, and CLOSE this case. Signed by Judge Charlene E. Honeywell on 10/5/2011. (BGS)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
FT. MYERS DIVISION

JUDITH A. ROSS,
Plaintiff,
v.

CASE NO. 2:10-CV-631-FtM-36SPC

MICHAEL J. ASTRUE, Commissioner of Social
Security, SSA,
Defendant.
/

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, on October 5, 2011.

COPIES TO:
COUNSEL OF RECORD

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