Wissen v. Commissioner of Social Security

Filing 17

ORDER adopting 14 Report and Recommendations. The decision of the Commissioner is REVERSED and the case is REMANDED for further proceedings. Signed by Judge Roy B. Dalton, Jr. on 5/11/2016. (VMF)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
ORLANDO DIVISION
ROBIN WISSEN,
Plaintiff,
v.

Case No. 6:15-cv-966-Orl-37GJK

COMMISSIONER OF SOCIAL
SECURITY,
Defendant.
ORDER
This cause is before the Court on the following:
1.

U.S. Magistrate Judge Gregory J. Kelly’s Report and Recommendation
(Doc. 14), filed April 25, 2016;

2.

Commissioner’s Response to the Magistrate Judge’s Report and
Recommendation (Doc. 15), filed May 4, 2016; and

3.

Plaintiff’s

Response

to

the

Magistrate

Judge’s

Report

and

Recommendation (Doc. 16), filed May 10, 2016.
In this social security action, U.S. Magistrate Judge Gregory J. Kelly recommends
that the Court reverse the final decision of the Commissioner and remand the action for
further proceedings. (Doc. 14 (“R&R”).) Magistrate Judge Kelly’s recommendation is
based on his conclusion that the Administrative Law Judge (“ALJ”) erred at step four of
the sequential evaluation process by failing to articulate good cause to assign “little to no
weight” to the opinion of Plaintiff’s treating physician (“Decision”). (See id. at 5–10.)
Indeed, Magistrate Judge Kelly specifically rejects all four of the ALJ’s stated reasons for
the Decision. (Id. at 7–10.) Neither party objects to the R&R. (See Docs. 15, 16.)

Having independently reviewed the R&R for fairness and in the absence of any
objection, this Court agrees with Magistrate Judge Kelly and adopts his R&R. See
Fed. R. Civ. P. 72(b); 28 U.S.C. § 636(b)(1) (suggesting that a de novo review is only
required when a party objects to the proposed findings and recommendations); see also
Thomas v. Arn, 474 U.S. 140, 150–51 (1985) (concluding that R&Rs without objection
should be reversed only for clear error).
Accordingly, it is hereby ORDERED AND ADJUDGED:
1.

U.S. Magistrate Judge Gregory J. Kelly’s Report and Recommendation
(Doc. 14) is ADOPTED and CONFIRMED and made a part of this Order.

2.

The decision of the Commissioner is REVERSED and the case is
REMANDED for further proceedings.

3.

The Clerk is DIRECTED to enter judgment in favor of Plaintiff and against
Defendant and to CLOSE the case.

DONE AND ORDERED in Chambers in Orlando, Florida, on May 11, 2016.

Copies:
Counsel of Record

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