Blakely v. Commissioner of Social Security

Filing 16

ORDER adopting 15 Report and Recommendations. Pursuant to 42 U.S.C. § 405(g), the decision of the Commissioner is REVERSED AND REMANDED. Signed by Judge Roy B. Dalton, Jr. on 3/23/2017. (VMF)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
ORLANDO DIVISION
SARAH BLAKELY,
Plaintiff,
v.

Case No. 6:16-cv-987-Orl-37GJK

COMISSIONER OF SOCIAL
SECURITY,
Defendant.
_____________________________________
ORDER
In this social security appeal, U.S. Magistrate Judge Gregory J. Kelly recommends
that the Court reverse the Commissioner’s decision and remand the action for further
administrative proceedings. (Doc. 15.) Neither party filed objections. For the reasons set
forth below, Magistrate Judge Kelly’s Report and Recommendation is due to be adopted.
DISCUSSION
Plaintiff filed the instant action on June 7, 2016, seeking review of the
Commissioner’s decision to deny her social security disability benefits. (Doc. 1.) In a
Report and Recommendation issued March 8, 2017, U.S Magistrate Judge Gregory J. Kelly
found that the administrative law judge (“ALJ”) failed to explain two potential conflicts
in the record. (Doc. 15 (R&R).) First, the ALJ determined that Plaintiff’s residual
functional capacity includes light work—which could require a significant amount of
walking—yet he attributed great weight to a medical examiner’s opinion that Plaintiff
-1-

cannot walk for long periods of time. (Id. at 7–8.) Second, the ALJ limited Plaintiff to jobs
with simple, repetitive instructions and no tasks requiring math calculations; however,
at the administrative hearing, a vocational expert (“VE”) testified that Plaintiff could
perform jobs with a reasoning level of two, which require the ability to: (1) apply
commonsense understanding to carry out detailed but uninvolved written or oral
instructions; and (2) deal with problems involving a few concrete variables in or from
standardized situations. (Id. at 8–9.) Because the VE did not state whether this testimony
was consistent with the job descriptions in the Dictionary of Occupational Titles,
Magistrate Judge Kelly found that the VE’s testimony did not provide substantial
evidence to support the ALJ’s ultimate determination. (Id. at 9.) Based on the foregoing,
the R&R recommends that the Court reverse the Commissioner’s decision and remand
this action. (Id.)
The parties did not object to the R&R, and the time for doing so has now passed.
As such, 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 in its entirety.
Accordingly, it is ORDERED AND ADJUDGED as follows:
1.

U.S. Magistrate Judge Gregory J. Kelly’s Report and Recommendation
(Doc. 15) is ADOPTED, CONFIRMED, and made a part of this Order.

2.

Pursuant to 42 U.S.C. § 405(g), the decision of the Commissioner is
REVERSED AND REMANDED.
-2-

3.

The Clerk is DIRECTED to:
a.

Enter judgment in favor of Plaintiff Sarah Blakely and against
Defendant Commissioner of Social Security;

b.

Terminate all pending motions; and

c.

Close the file.

DONE AND ORDERED in Chambers in Orlando, Florida, on March 23, 2017.

Copies to:
Counsel of Record

-3-