Wheelock v. Commissioner of Social Security

Filing 14

ORDER adopting 13 Report and Recommendations. The final decision of the Commissioner is REVERSED and this case is REMANDED for further administrative proceedings. Signed by Judge Roy B. Dalton, Jr. on 7/31/2017. (VMF)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
ORLANDO DIVISION
STEPHANIE A. WHEELOCK,
v.

Plaintiff,

Case No: 6:16-cv-860-Orl-37KRS

COMMISSIONER OF SOCIAL
SECURITY,
Defendant.
ORDER
In this social security appeal, Plaintiff seeks review of the Commissioner’s decision
to deny her social security disability benefits. (See Docs. 1, 12.) Given the nearly three-year
delay in completing prior remand proceedings, Plaintiff requests that, if the Court
determines that remand is appropriate, it should: (1) do so only for the purpose of
calculating and paying benefits; or (2) impose a reasonable time limit in which the
Commissioner must complete further admistrative proceedings. (Doc. 12, p. 37–38.) The
Commissioner opposes both forms of relief. (Id. at 39.)
On referral, U.S. Magistrate Judge Spaulding recommended that the Court reverse
the Commissioner’s decision and remand the action for further administrative
proceedings. (Doc. 13 (“R&R”).) Specifically, Magistrate Judge Spaulding found that the
administrative law judge (“ALJ”) failed to: (1) articulate good cause, supported by the
record, for ignoring the opinion of Dr. Shea, Plaintiff’s treating physician; (2) state the
weight given to the opinion of Dr. Kollmer, Plaintiff’s examining physician; and
(3) articulate the basis for his credibility determination. (Id. at 10–15.) Additionally,

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Magistrate Judge Spaulding found that this case does not warrant the summary entry of
an award of benefits, but that the Court could, in its discretion, require expedited remand
proceedings or periodic progress reports. (Doc. 13, pp. 15–16) In light of the R&R’s
recommendation, the Court finds it appropriate to require the ALJ to complete the
remand proceedings within 120 days of this Order. See, e.g., Millicent Bond v. Comm’r of
Soc. Sec., No. 6:13-cv-175-Orl36DAB, 2014 WL 12618197, at *3 (M.D. Fla. Jan. 27, 2014).
The parties did not object to the R&R, and the time for doing has now passed.
Hence the Court has examined the R&R only for clear error. See Wiand v. Wells Fargo Bank,
N.A., No. 8:12-cv-557-T-27EAJ, 2016 WL 355490, at *1 (M.D. Fla. Jan. 28, 2016); see also
Marcort v. Prem, Inc., 208 F. App’x 781, 784 (11th Cir. 2006). Finding none, the Court
concludes that the R&R is due to be adopted, the Commissioner’s decision is due to be
reversed, and this case is due to be remanded for further administrative proceedings.
Accordingly, it is ORDERED AND ADJUDGED as follows:
1.

U.S. Magistrate Judge Karla R. Spaulding’s Report and Recommendation
(Doc. 13) is ADOPTED, CONFIRMED, and made a part of this Order.

2.

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

3.

The ALJ shall complete the remand proceedings within 120 days from the
date of this Order.

4.

The Clerk is DIRECTED to enter judgment in favor of Plaintiff Stephanie
A. Wheelock and against Defendant Commissioner of Social Security and
to close the file.

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DONE AND ORDERED in Chambers in Orlando, Florida, on July 31, 2017.

Copies:
Counsel of Record

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