Thomas v. Commissioner of Social Security

Filing 21

ORDER adopting 20 Report and Recommendation. The Clerk of the Court is directed to enter judgment reversing the Commissioner's decision and remanding this matter with instructions. The Clerk of the Court is further directed to close the file. Signed by Judge Marcia Morales Howard on 8/25/2017. (JW)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
JACKSONVILLE DIVISION
TERRY GENE THOMAS,
Plaintiff,
vs.

Case No. 3:16-cv-939-J-34MCR

NANCY A. BERRYHILL, Acting
Commissioner of Social Security,
Defendant.
_________________________________/

ORDER
THIS CAUSE is before the Court on Magistrate Judge Monte C. Richardson’s Report
and Recommendation (Dkt. No. 20; Report), entered on July 26, 2017. In the Report,
Magistrate Judge Richardson recommends that the Commissioner’s decision be reversed
and remanded. See Report at 2, 19. No objections to the Report have been filed, and the
time for doing so has passed.
The Court “may accept, reject, or modify, in whole or in part, the findings or
recommendations made by the magistrate judge.” 28 U.S.C. § 636(b)(1). If no specific
objections to findings of facts are filed, the district court is not required to conduct a de novo
review of those findings. See Garvey v. Vaughn, 993 F.2d 776, 779 n.9 (11th Cir. 1993);
see also 28 U.S.C. § 636(b)(1). However, the district court must review legal conclusions
de novo. See Cooper-Houston v. Southern Ry. Co., 37 F.3d 603, 604 (11th Cir. 1994);
United States v. Rice, No. 2:07-mc-8-FtM-29SPC, 2007 WL 1428615, at *1 (M.D. Fla. May
14, 2007).

Upon independent review of the Magistrate Judge’s Report, the Court will accept and
adopt the legal and factual conclusions recommended by the Magistrate Judge.
Accordingly, it is hereby
ORDERED:
1.

The Report and Recommendation (Dkt. No. 20) of Magistrate Judge

Richardson is ADOPTED as the opinion of the Court.
2.

The Clerk of the Court is directed to enter judgment, pursuant to sentence four

of 42 U.S.C. § 405(g), REVERSING the Commissioner’s decision and REMANDING with
instructions to the ALJ to: (a) reconsider the weight given to the opinions of Drs. Sims and
Marra, and give reasons therefor; and (b) conduct any further proceedings deemed
appropriate.
3.

The Clerk of the Court is further directed to close the file.

4.

Plaintiff’s counsel is advised that, in the event benefits are awarded on

remand, any § 406(b) or § 1383(d)(2) fee application shall be filed within the parameters set
forth by the Order entered in Case No.: 6:12-mc-124-Orl-22 (In re: Procedures for Applying
for Attorney’s Fees Under 42 U.S.C. §§ 406(b) & 1383(d)(2)).
DONE AND ORDERED in Jacksonville, Florida, this 25th day of August, 2017.

-2-

ja
Copies to:
Counsel of Record

-3-