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)

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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-

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