Jalving v. Commissioner of Social Security
Filing
22
OPINION AND ORDER accepting and adopting 21 Report and Recommendations. The Decision of the Commissioner is reversed and remanded. See Opinion and Order for details. The Clerk shall enter judgment accordingly and close the file. Signed by Judge John E. Steele on 9/2/2014. (RKR)
UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
FORT MYERS DIVISION
DAVID JALVING,
Plaintiff,
v.
Case No: 2:13-cv-396-FtM-29CM
COMMISSIONER
SECURITY,
OF
SOCIAL
Defendant.
OPINION AND ORDER
This
matter
is
before
the
Court
on
consideration
of
Magistrate Judge Carol Mirando’s Report and Recommendation (Doc.
#21), filed on August 1, 2014, recommending that the Decision of
the Commissioner be reversed and remanded with instructions to the
Commissioner.
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)(citing Lewis v. Callahan, 125 F.3d 1436, 1439
(11th Cir. 1997)).
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)(citing
Crawford,
363
F.3d
at
1158-59).
Even
if
the
evidence
preponderates against the Commissioner’s findings, the Court must
affirm
if
evidence.
the
decision
Crawford,
reached
363
F.3d
is
at
supported
1158-59
by
substantial
(citing
Sullivan, 894 F.2d 1520, 1529 (11th Cir. 1990)).
Martin
v.
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 (citing Bloodsworth v. Heckler, 703 F.2d
1233, 1239 (11th Cir. 1983)); Dyer v. Barnhart, 395 F.3d 1206,
1210 (11th Cir. 2005)(citing Phillips v. Barnhart, 357 F.3d 1232,
1240 n.8 (11th Cir. 2004)).
The Court reviews the Commissioner’s
conclusions of law under a de novo standard of review.
Comm’r
of
Soc.
Sec.
Admin.,
496
F.3d
Ingram v.
1253,
1260
(11th
Court
agrees
Cir.
2007)(citing Martin, 894 F.2d at 1529).
After
an
independent
review,
the
with
the
findings and recommendations in the Report and Recommendation.
Accordingly, it is now
ORDERED:
1.
The Report and Recommendation (Doc. #21) 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) so that
the Commissioner can call a vocational expert to testify whether,
- 2 -
given plaintiff’s impairments, there are jobs in the national
economy that plaintiff can perform.
3.
The Clerk of the Court shall enter judgment accordingly
and close the file.
DONE and ORDERED at Fort Myers, Florida, this
September, 2014.
Copies:
Hon. Carol Mirando
U.S. Magistrate Judge
Counsel of Record
- 3 -
2nd
day of
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