Whaley v. Commissioner of Social Security

Filing 24

ORDER adopting 23 REPORT AND RECOMMENDATIONS re 1 Complaint filed by Jennifer L. Whaley. The Report and Recommendation (Doc. 23) is ACCEPTED and ADOPTED and the findings incorporated herein. 2. The decision of the Commissioner is REVERS ED and this matter is REMANDED to the Commissioner, pursuant to sentence four of 42 U.S.C. § 405(g), for the Commissioner to: a. Fully consider all evidence from Kellee Anderson and resolve and conflicts therein; b. Reevaluate as appropriate th e evidence of Rebecca Marazon, MS, CAS, and Christine Needham, Ed.D.; and c. Make any other determinations consistent with this Order or in the interests of justice. 3. The Clerk of Court is DIRECTED to enter judgment pursuant to sentence four of 42 U.S.C. § 405(b) in favor of Jennifer Whaley, and close the file. Signed by Judge Sheri Polster Chappell on 8/16/2018. (LMF)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
FORT MYERS DIVISION
JENNIFER L. WHALEY,
Plaintiff,
v.

Case No: 2:17-cv-324-FtM-38CM

COMMISSIONER OF SOCIAL
SECURITY,
Defendant.
/
OPINION AND ORDER1
Before the Court is United States Magistrate Judge Carol Mirando’s Report and
Recommendation (Doc. 23).

Judge Mirando recommends that the Commissioner’s

decision be reversed and remanded. No party has objected to the Report and
Recommendation, and the period to do so has lapsed. 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).

In the absence of specific objections, there is no

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

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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 independently examining the file and on consideration of Judge Mirando’s
findings and recommendation, the Court accepts and adopts the Report and
Recommendation.
Accordingly, it is now
ORDERED:
1. The Report and Recommendation (Doc. 23) is ACCEPTED and ADOPTED
and the findings incorporated herein.
2. The decision of the Commissioner is REVERSED and this matter is
REMANDED to the Commissioner, pursuant to sentence four of 42 U.S.C. §
405(g), for the Commissioner to:
a. Fully consider all evidence from Kellee Anderson and resolve and
conflicts therein;
b. Reevaluate as appropriate the evidence of Rebecca Marazon, MS,
CAS, and Christine Needham, Ed.D.; and
c. Make any other determinations consistent with this Order or in the
interests of justice.
3. The Clerk of Court is DIRECTED to enter judgment pursuant to sentence four
of 42 U.S.C. § 405(b) in favor of Jennifer Whaley, and close the file.
DONE and ORDERED in Fort Myers, Florida this 16th day of August 2018.

Copies: All Parties of Record

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