Sattar v. Commissioner of Social Security
Filing
22
OPINION AND ORDER accepting and adopting 21 Report and Recommendations. The Decision of the Commissioner is affirmed in part and reversed and remanded in part as set forth in the Opinion and Order. The Clerk shall enter judgment accordingly and close the file. Signed by Judge John E. Steele on 1/21/2016. (RKR)
UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
FORT MYERS DIVISION
NAZEEMA SATTAR,
Plaintiff,
v.
Case No: 2:15-cv-25-FtM-29MRM
COMMISSIONER
SECURITY,
OF
SOCIAL
Defendant.
OPINION AND ORDER
This
matter
is
before
the
Court
on
consideration
of
Magistrate Judge Mac R. McCoy’s Report and Recommendation (Doc.
#21), filed on December 30, 2015, recommending that the Decision
of the Commissioner be affirmed in part and be reversed and
remanded
in
part
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.
Ingram v.
Comm’r of SSA, 496 F.3d 1253, 1260 (11th Cir. 2007) (citing Martin,
894 F.2d at 1529).
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. #21) is accepted and
adopted by the Court.
2.
The Decision of the Commissioner of Social Security is
affirmed in part as to the issues raised concerning MRI imaging,
Dr. Memon’s records, and the finding of severe impairments at step
two, and is reversed and remanded in part for the Commissioner of
Social Security pursuant to sentence four of 42 U.S.C. § 405(g) so
- 2 -
that the Commissioner can reconsider Dr. Johnson’s medical records
and Dr. Baltazar’s medical records.
The Clerk of the Court shall
enter judgment accordingly and close the file.
DONE and ORDERED at Fort Myers, Florida, this
of January, 2016.
Copies:
Hon. Mac R. McCoy
U.S. Magistrate Judge
Counsel of Record
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21st
day
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