Jimenez Aviles v. Commissioner of Social Security
Filing
15
ORDER adopting 13 Report and Recommendations. The decision of the Commissioner is REVERSED. The Clerk is DIRECTED to: (1) enter judgment in favor of the Plaintiff, Carlos Jimenez Aviles, and against Defendant, Commissioner of Social Security; and (2) remand this action for proceedings consistent with this Order. Signed by Judge Roy B. Dalton, Jr. on 10/3/2016. (VMF)
UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
ORLANDO DIVISION
CARLOS A. JIMENEZ AVILES,
Plaintiff,
v.
Case No. 6:16-cv-127-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. 13), filed September 28, 2016; and
2.
The
parties’
Joint
Statement
in
Response
to
the
Report
and
Recommendation (Doc. 14), filed September 30, 2016.
In this Social Security appeal, Plaintiff challenges the Commissioner’s decision to
deny him social security disability benefits. (Doc. 1.) On September 28, 2016,
U.S. Magistrate Judge Gregory J. Kelly issued a Report recommending that the Court:
(1) reverse the decision of the Commissioner; (2) remand this action for further
proceedings; and (3) enter judgment in favor of Plaintiff and against the Commissioner.
(Doc. 13 (“R&R”).) Magistrate Judge Kelly based his recommendation on the failure of
the Administrative Law Judge to state with particularity the weight given to Plaintiff’s only
examining psychologist. (Id.)
Contrary to the Commissioner’s position, Magistrate Judge Kelly concludes that
such error was not harmless because the absence of such information makes it
impossible for the Court to determine whether the Commissioner’s final decision is
supported by substantial evidence. (Id. at 13.) On September 30, 2016, the parties filed
a joint notice indicating that neither of them objected to the R&R. (Doc. 14.)
Having independently reviewed the R&R for fairness, and in the absence of any
objection, this Court agrees with Magistrate Judge Kelly and adopts the R&R in its
entirety. See 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). The Court,
therefore, finds that the Commissioner’s decision is due to be reversed.
Accordingly, it is hereby ORDERED AND ADJUDGED:
1.
U.S. Magistrate Judge Gregory J. Kelly’s Report and Recommendation
(Doc. 14) is ADOPTED, CONFIRMED, and made a part of this Order.
2.
The decision of the Commissioner is REVERSED.
3.
The Clerk is DIRECTED to: (1) enter judgment in favor of the Plaintiff, Carlos
Jimenez Aviles, and against Defendant, Commissioner of Social Security;
and (2) remand this action for proceedings consistent with this Order.
DONE AND ORDERED in Chambers in Orlando, Florida, on October 3, 2016.
Copies:
2
Counsel of Record
3
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