Martin v. Commissioner of Social Security et al

Filing 26

ORDER adopting 24 REPORT AND RECOMMENDATIONS re 1 Complaint filed by Lisa Heather Martin. The Report and Recommendation 24 is ACCEPTED and ADOPTED and the findings incorporated herein. The Commissioner's decision is REVERSED, and this matter is REMANDED for rehearing under sentence four of 42 U.S.C. § 405(g), with instructions to the Administrative Law Judge to: a. Permit questioning of the vocational expert regarding the source of the number of jobs in the national ec onomy a person with Plaintiff's limitations could perform; b. Conduct any further proceedings deemed appropriate. The Clerk of Court is DIRECTED to enter judgment accordingly, terminate any pending motions, and close this case. Signed by Judge Sheri Polster Chappell on 7/18/2018. (LMF)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
FORT MYERS DIVISION
LISA HEATHER MARTIN,
Plaintiff,
v.

Case No: 2:17-cv-496-FtM-38CM

COMMISSIONER OF SOCIAL
SECURITY and SSA,
Defendants.
/
OPINION AND ORDER1
This matter comes before the Court on United States Magistrate Judge Carol
MIrando’s Report and Recommendation filed on June 29, 2018. (Doc. 24). Judge
Mirando recommends that the final decision of the Commissioner of Social Security be
reversed and remanded under 42 U.S.C. § 405(g). The parties have not objected to the
Report and Recommendation, and the time to do so has elapsed. 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). Absent specific objections, there is no requirement that a

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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 absent an objection. See Cooper-Houston 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. 24) is ACCEPTED and ADOPTED
and the findings incorporated herein.
(2) The Commissioner’s decision is REVERSED, and this matter is REMANDED
for rehearing under sentence four of 42 U.S.C. § 405(g), with instructions to the
Administrative Law Judge to:
a. Permit questioning of the vocational expert regarding the source of the
number of jobs in the national economy a person with Plaintiff’s
limitations could perform;
b. Conduct any further proceedings deemed appropriate.
(3) The Clerk of Court is DIRECTED to enter judgment accordingly, terminate any
pending motions, and close this case.

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DONE and ORDERED in Fort Myers, Florida this 18th day of July, 2018.

Copies: All Parties of Record

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