Brown v. Commissioner of Social Security

Filing 17

ORDER adopting 16 Report and Recommendation. The Clerk of the Court is directed to enter judgment reversing and remanding this matter with instructions and close the file. Signed by Judge Marcia Morales Howard on 12/21/2017. (JW)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
JACKSONVILLE DIVISION
SHARMANE MONIQUE BROWN,
Plaintiff,
-vs-

Case No. 3:16-cv-1344-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. 16;
Report), entered by the Honorable James R. Klindt, United States Magistrate Judge, on
November 28, 2017. In the Report, Magistrate Judge Klindt recommends that the Clerk of
the Court be directed to enter judgment pursuant to 42 U.S.C. § 1383(c)(3) and sentence
four of § 405(g) reversing the Commissioner’s final decision and remanding this case with
instructions. See Report at 11-12. 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. 16) is

ADOPTED as the opinion of the Court.
2.

The Clerk of the Court is directed to enter judgment pursuant to 42 U.S.C. §

1383(c)(3) and sentence four of § 405(g) REVERSING the Commissioner’s final decision
and REMANDING this matter with the following instructions:
(A)

Reevaluate whether Plaintiff has medically improved to the point of
being no longer disabled and therefore ineligible for SSI, being sure to
compare the original medical evidence with the new medical evidence
prior to making any determination of improvement;

(B)

If appropriate, reevaluate the medical opinions; and

(C)

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

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3.

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

DONE AND ORDERED at Jacksonville, Florida, this 21st day of December, 2017.

ja
Copies to:
Counsel of Record

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