Jack v. Commissioner of Social Security

Filing 30

ORDER adopting 28 REPORT AND RECOMMENDATIONS re 1 Complaint filed by Todd M. Jack. The Report and Recommendation 28 is ACCEPTED AND ADOPTED and the findings incorporated herein. The Commissioner's decision is REVERSED and REMANDED in part for the Commissioner to reconsider Plaintiff's impairments to determine if he has a medically determinable impairment that is severe or a combination of impairments that are severe, and to continue in the sequential evaluation, if appropriate. As to the remaining issues raised, the Commissioner's decision is AFFIRMED. The Clerk of Court is DIRECTED to enter judgment and close the case.Signed by Judge Sheri Polster Chappell on 2/23/2016. (LMF)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
FORT MYERS DIVISION
TODD M. JACK,
Plaintiff,
v.

Case No: 2:14-cv-723-FtM-38MRM

COMMISSIONER OF SOCIAL SECURITY,
Defendant.
____/
ORDER1
This matter comes before the Court on United States Magistrate Judge Mac R.
McCoy's Report and Recommendation (Doc. #28) filed on December 30, 2015. Judge
McCoy recommends that the final decision of the Commissioner of Social Security be
affirmed in part and reversed and remanded in part under 42 U.S.C. § 405(g). Plaintiff
filed Written Objections to the Court's Report and Recommendation (Doc. #29) on
January 12, 2016, to which the Commissioner elected not to respond. Thus, 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).

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In the absence of specific objections, there is no

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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 CooperHouston v. Southern Ry. Co., 37 F.3d 603, 604 (11th Cir. 1994).
After conducting an independent examination of the file and upon consideration of
Judge McCoy's findings and recommendations, the Court accepts the Report and
Recommendation (Doc. #28) over Plaintiff's objections.
Accordingly, it is now
ORDERED:
1. The Report and Recommendation (Doc. #28) is ACCEPTED AND ADOPTED
and the findings incorporated herein.
2. The Commissioner's decision is REVERSED and REMANDED in part for the
Commissioner to reconsider Plaintiff's impairments to determine if he has a
medically determinable impairment that is severe or a combination of
impairments that are severe, and to continue in the sequential evaluation, if
appropriate. As to the remaining issues raised, the Commissioner's decision
is AFFIRMED.
3. The Clerk of Court is DIRECTED to enter judgment and close the case.
DONE and ORDERED in Fort Myers, Florida this 22nd day of February, 2016.

Copies: All Parties of Record

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