McGriff v. Commissioner of Social Security

Filing 22

ORDER adopting 21 Report and Recommendation. The Clerk of the Court is directed to enter judgment reversing the Commissioner's final 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
PATRICE L. MCGRIFF,
Plaintiff,
-vs-

Case No. 3:16-cv-1074-J-34JRK

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

THIS CAUSE is before the Court on the Report and Recommendation (Dkt. No. 21;
Report), entered by the Honorable James R. Klindt, United States Magistrate Judge, on
August 1, 2017. In the Report, Magistrate Judge Klindt recommends that the Clerk of the
Court be directed to enter judgment pursuant to sentence four of 42 U.S.C. § 405(g), and
pursuant to § 1383(c)(3), reversing the Commissioner’s final decision and remanding this
case with instructions. See Report at 3, 15. 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). 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 file and for the reasons stated in 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 Magistrate Judge’s Report and Recommendation (Dkt. No. 21) 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), and pursuant to § 1383(c)(3), REVERSING the Commissioner’s final
decision and REMANDING this matter with the following instructions:
(A)

Reconsider the Shands Jacksonville records and Plaintiff’s RFC;

(B)

Ensure that the other issues raised in this appeal are appropriately
addressed, if necessary; and

(C)

Take such other action as may be necessary to resolve this matter
properly.

3.

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

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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) and 1383(d)(2)).
DONE AND ORDERED at Jacksonville, Florida, this 25th day of August, 2017.

ja
Copies to:
Counsel of Record

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